Brett S. Jolley | Partner

• B.A. University of California - Santa Barbara, 1997
• J.D. University of the Pacific, McGeorge School of Law, 2000

Affiliations

Admissions

Bio

Brett Jolley represents and advises clients on land use, zoning, and environmental matters. He assists developers, property owners, public agencies, community groups, and nonprofit corporations with issues involving the California Environmental Quality Act (CEQA), the Subdivision Map Act, State Planning and Zoning Law, the Mitigation Fee Act, and the State Elections Code.  Brett regularly appears before city councils, county boards of supervisors, planning commissions, and LAFCOs, and litigates related matters in superior courts and courts of appeal around the State.

Growing up in the historic Sierra foothills of Amador County, Brett became interested in the connection between property rights, land use issues, and the environment at an early age.  Brett joined Herum Crabtree in 2000 after graduating from University of Pacific, McGeorge School of Law in Sacramento and promptly focused his practice toward land use and governmental matters.  Since that time Brett has made countless appearances before administrative land use bodies and courts of law, tackling issues such as conflicts between cell towers and agricultural spraying, defending an agricultural rendering plant operator against a home developer’s “anti-SLAPP” litigation, and obtaining development entitlements for uses such as a private bass fishing club and a food processing plant. He also drafts ordinances and resolutions for municipal and public agency and clients, has experience processing trademark applications, and represents parties in writs and appeals for non-land use matters, including issues arising under the Lanterman Developmental Disabilities Act. 

Brett has extensive knowledge of planning and environmental issues affecting large-scale commercial and “big box” development.  In 2004 Brett played a substantial role in challenging the approval of two large “Supercenter”-anchored shopping centers in Bakersfield, leading to the first in a recent line of published decisions addressing the environmental impact of “urban decay.” The following year, Brett served as lead trial and appellate counsel representing a community group challenging approval of a “Supercenter” in lieu of a previously approved multi-use shopping center in American Canyon.  This decision resulted in several injunctions against the project as well as the first reported decision concluding a public agency violated CEQA’s “Section 21166” subsequent environmental review provisions.  Brett also has experience in land use issues involving recreational, residential, mining, and governmental uses.  In 2005 Brett represented motocross champion Jeremy McGrath in defeating injunctions to prohibit recreational off-highway vehicle use on private property in Riverside County.  In 2006, Brett represented developers in successfully defeating school district litigation attacking both a subdivision map approval and the 1998 Leroy F. Greene School Facilities Act.  In 2007 Brett acted as lead appellate counsel for a mining company defending environmental challenges to surface mine expansion permits and also represented the Building Industry Association of the Delta in planning commission and City Council proceedings on the Stockton 2035 General Plan Update.  Recently, Brett represented a Colorado corporation in public bidding, negotiating a lease, and securing governmental approvals to operate parolee rehabilitation “day reporting center” at the San Joaquin County Jail under contract with the California Department of Corrections.

During law school, Brett interned with various State regulatory agencies.  In 1998, Brett worked as a law clerk in the cabinet-level California Resources Agency and, “played an integral part in revising the Guidelines to the California Environmental Quality Act,” according to former Secretary for Resources Douglas Wheeler. Brett also co-authored two interactive environmental law resources on the Resources Agency's CERES website (www.ceres.ca.gov): The Interactive CEQA Process Flowchart and California Water Law and Policy.  The following year, Brett interned with the California Integrated Waste Management Board, Office of the Chief Counsel addressing issues involving environmental, administrative, and public agency law and assisting in successfully prosecuting a waste tire hauler for California Integrated Waste Management Act violations. 

Brett holds a degree in English from the University of California, Santa Barbara where he raced for the Alpine Ski Team and earned Dean's Honors – but not without first realizing that his academic skill set lay in humanities rather than calculus and chemistry.  While at UCSB, noted legal historian, professor, and author Laura Kalman candidly said of Brett: "If [he] had been the right age in the 1930's Frank Capra might well have chosen him over Jimmy Stewart to play Jefferson Smith in ‘Mr. Smith Goes to Washington.’"  After college, Brett did venture into a political environment, interning for Stockton Senator Patrick Johnston in the State Capitol – which bolstered his interest in public policy, the legislative process, and issues affecting the Central Valley, Delta, and Sierras.

Brett is involved in the State and local bars, serving as past president of the San Joaquin County Bar Association Barrister’s Section and former member of the San Joaquin County Bar Association Board of Governors. Brett currently represents central California on the State Bar’s California Young Lawyer’s Association and, as Vice President, chairs the organization’s Pro Bono Committee.  He also sits on the Governmental Relations Committee and Stockton Task Force of the Building Industry Association of the Delta and received that organization’s 2007 Commitment to Excellence award.

In his free time, Brett enjoys downhill skiing, motocross, golf, tackling a never-ending list of home improvement projects, and spending time with his family.

Select Discussion of Representative Experience:

• Advised national developer regarding CEQA compliance for large-scale mixed use and residential projects in Stockton.
• Represented various community groups during administrative and/or litigation proceedings challenging approval of a large retail projects in Chico, Bakersfield, American Canyon, Antioch, Fresno, Clovis, Selma, Fairfield, Citrus Heights, Tracy, and Lodi. 
• Represented professional motocross racer in defeating requests for a temporary restraining order and preliminary and permanent injunctions to prohibit recreational off-highway vehicle use on private property in Riverside County.  
• Represented multi-state corporation regarding planning and zoning due diligence related to potential purchase of property in Stockton and development of auto dealership.
• Represented multi-state corporation in negotiating lease and securing governmental approvals to open and operate a parolee rehabilitation facility under contract with the California Department of Corrections in San Joaquin County.
• Represented local building industry association during public hearings regarding the proposed 2035 Stockton General Plan.
• Represented developer in advancing “vested rights” argument and securing time-sensitive sewer permits from local sanitary district for nearly completed professional/medical office complex project in Calaveras County.
• Represented landowner in securing building permits on sensitive habitat property in Merced County.
• Represented various agricultural landowners in negotiating right-to-farm agreement with applicants for neighboring religious center, successfully challenging a cell tower in agricultural zone, and obtaining land use entitlements to operate processing facilities in San Joaquin and Stanislaus Counties.
• Represented landowners/developers in dismissing and defeating school district litigation challenging the Constitutionality of the 1998 Leroy F. Greene School Facilities Act and the approval of a residential subdivision in Merced County.  
• Represented Stockton-area country club in negotiating land sale agreement for development of custom homes.
• Represented developer in acquiring development entitlements and subdivision map for residential project in Stanislaus County and in negotiating litigation settlement with petitioner neighbor.
• Represented surface mine operator in defending appeal of Merced County’s approval of mine expansion project at court of appeal. 
• Represented homeowner in administrative and judicial opposition to construction of 100’ radio transmission tower and successful settlement of claims in Amador County. 
• Represented Stockton agricultural rendering plant in defending and defeating nuisance/injunction claims as “Anti-SLAPP” litigation.
• Represented developers in negotiating and drafting subdivision improvement agreements and securing development entitlements in the City of Newman.

Presentations/Publications:

• Humphreys’ College School of Law, Property III Class, Guest Panelist (Stockton, California 2007 [mock board of supervisors land use hearings])
• Greater Stockton Chamber of Commerce, Leadership Stockton Program, “Local Government Day”, City Attorney/Speaker (Stockton, California 2005, 2006, and 2007 [mock city council meeting])
• California Building Industry Association, Select Conference on Industry Litigation, “School Fees”, Speaker (Napa, California 2005)
• Lorman Education Services, “Real Estate Development from Beginning to End in California”, Speaker (Stockton, California 2004)
• City of Stockton “Youth in Government” conference, Program Facilitator (Stockton, California 2002 [mock city council land use hearing])
• Resources Agency of California, California Water Law and Policy, Co-author (1999), CERES website (http://ceres.ca.gov)
• Resources Agency of California, The Interactive CEQA Process Flowchart, Co-author (1998), CERES website (http://ceres.ca.gov/topic/env_law/ceqa/flowchart/index.html)

Reported Decisions:

• San Joaquin Raptor Rescue Ctr. v. Co. of Merced (2007) 149 Cal.App.4th 625.
• American Canyon Comm. United for Resp. Growth v. City of American Canyon (2006) 145 Cal.App.4th 1062.
• Anderson First Coalition v. City of Anderson (2005) 130 Cal.App.4th 1173.
• Bakersfield Citizens for Local Control v. City of Bakersfield (2004) 124 Cal.App.4th 1184.

In the Press:

• “District 5 Rep Revs Up” State Bar of California CYLA News, May 2008.
• “Leader of Lawyer’s Group Chosen” Stockton Record, March 24, 2008.
• “Group Trying to Join Suit Over Stockton Growth Plan” Stockton Record, March 21, 2008.
• “Fees Squeeze” Tracy Press, March 6, 2008.
• “Wal-Mart Heading to Planning Commission After Months of Delay” North County Times, February 2, 2008.
• “Wal-Mart Work Still on Hold, Judge Says: Latest Skirmish Over Am Can Supercenter Favors Big Box Foes.” Napa Valley Register, March 20, 2007.
• “Thinking Outside the Big Box: Will Wal-Mart’s Troubles Bring Am Can Budget to a Halt?” Napa Valley Register, November 27, 2006.
• “Courting Disaster: Report Says two Wal-Mart Supercenters will Devastate the Downtown” Chico Beat, November 4, 2006.
• “Appeals Court Hears Am Can Wal-Mart Case” Napa Valley Register, October 29, 2006.
• “Big Boxing” Chico News & Review, November 2, 2006.
• “Hercules Flexes its Muscle to Block Wal-Mart.” Sacramento Bee, June 28, 2006.
• “Sound Advice” Dirt Rider, October 2005.
• “Motocross Star Wins First-Round Court Battle” North County Times, October 6, 2005.
• “Wal-Mart Foes Go Back to Court” Times Herald, August 18, 2005.
• “Wal-Mart, Opposition Clash in Courtroom” Times Herald, June 28, 2005.
• “Land Use Experts to Square off in Wal-Mart Case” Napa Valley Register, June 24, 2005.
• “News From the Valley” San Diego Union Tribune, February 25, 2005.
• “Ruling favors Wal-Mart -- Both Sides to Appeal” San Francisco Chronicle, September 11, 2004.
• “No Stopping Wal-Mart?” Chico News & Review, October 30, 2003.
• “County Sued by Tower Neighbor” Amador Ledger-Dispatch, June 27, 2003.