Education:
B.A. Stanford University, 1975
J.D. University of California , Hastings College of the Law, 1979
Biography:
Steve Herum is involved in all aspects of real estate development
from the purchase and sale of real property, through the land use
regulatory labyrinth and finally representing property owners in
trial and appellate courts against the inevitable challenge to the
land use approvals that seems endemic in California. The dean of
California land use lawyers Daniel J. Curtin said, "I would
rank him up high among the land-use lawyers in the state. He is
well-versed in the law and nonconfrontational when dealing with
planners, engineers and public officials." The Stockton Record
November 9, 1992. State Senator Patrick Johnston explained, "When
I can't get a good fix on some problem I turn to him. I trust his
judgment and his good will as well. He will always keep my confidence
and give me good advice on an issue, not just what I want to hear."
In 2005 the California Lawyer (the State Bar Association's magazine) names Steve Land Use/Environmental Lawyer of the Year. In the course of stopping two retail supercenters in Bakersfield, Steve obtained a published opinion of national significance concerning the duty of cities to consider the potential new retail development to cause urban decay. The decision has been characterized as "an atomic bomb."
Among
Steve's accomplishments are securing and defending the land use
approvals for two of the largest master plan communities in the
Central Valley (Mountain House and Califia/Gold Rush City) and winning
the first appellate case to declare that vesting tentative maps
afford subdividers the absolute vested right to build out their
projects. Steve also secured land use approvals for major industrial
parks and regional shopping centers and large residential projects
in San Joaquin, Stanislaus and Merced counties. In twenty plus years
he has made over 1,000 presentations to local and regional planning
agencies
For
example, in one matter Steve lead the development effort to gain
approval of a major regional retail shopping center. Before becoming
involved the LAFCO had denied the annexation. Steve convinced LAFCO
to change their mind and approve the annexation, coordinated the
land use approvals and compliance with CEQA. After a citizens group
qualified a referendum to overturn the approvals, Steve convinced
a trial court to declare that the referendum petition was illegal
and to enjoin the election.
Steve
has also made hundreds of appearances on behalf of property owners
in the courts, including over twenty-five appearances at various
appellate courts. He has represented landowners in the Central Valley
from Sacramento to Visalia, and has appeared in all state courts
and the federal district and appellate courts.
Steve
has litigated such diverse land use matters through the appellate
court as: whether the reserved power of initiative is subordinate
to a state regulation concerning the annexation of territory to
cities; whether a city's exercise of the police power for health
and safety is preempted by a subdivider's vested right to build
out a subdivision; whether a golf course may be constructed on land
subject to the Williamson Act; whether a board of supervisors may
decline to place an initiative on the ballot because that board
believes the initiative is illegal; whether relief may be obtained
against a state agency issuing a joint water permit to private parties
and the United States when the United States asserts sovereign immunity;
whether a competing utility company has standing to challenge formation
of a special district that will compete in the delivery of energy;
and whether a statutory administrative remedy is mandatory for purposes
of satisfying the exhaustion of administrative remedies requirement.
Steve is involved with all aspects of the land development process,
including the development of strategies to ensure the legal adequacy
of the planning documents and EIRs, participating in the administrative
process, assisting in the development infrastructure plans and financing,
and negotiating settlements of controversial planning, environmental
and political disputes.
Steve
graduated from Stanford with a B.A. with "Highest Distinction"
and received his law degree from the University of California, Hastings
College of the Law where he served on the Constitutional Law Quarterly.
Prior to attending law school Steve served as a special assistant
to Governor Jerry Brown, as chief consultant to the California State
Assembly Committee on California's Food and Agricultural Economy
and as acting chief of staff to Senator John Garamendi.
Steve
is the former president and board member of the Greater Stockton
Chamber of Commerce, a graduate of Leadership Stockton, a member
of St. Andrews Lutheran Church, a member of the State Building Industry
Association Litigation Task Force, and a member of various civic
and social organizations. Steve is a commissioner on the Stockton
Port Authority. The Commission determines the policy for and governs
the operation of the port. He is the Commission's chair to the San
Joaquin County-City of Stockton-Port Commission liaison committee.
A
listing of reported cases that Steve has argued is found at the
law firm's Martindale Hubbell listing. Also, not found in the link
is the fact at the trial court level he has successfully defended
numerous land use decisions and environmental reviews (negative
declarations and environmental impact reports) on behalf of landowners
and public agencies.
Representative
articles concerning Steve's representation of landowners may be
reviewed by clicking on the various rulings below.
Affiliations:
Greater Stockton Chamber of Commerce, former president
St. Andrews Lutheran Church
State Building Industry Association Litigation Task Force
Stockton Port Authority, commissioner.
Various civic and social organizations.
Court Rulings:
L.I.F.E.
Committee v City of Lodi, (1989) 213 Cal.App.3d 1139, 262
Cal.Rptr. 166
Save
Stanislaus Area Farm Economy v Board of Supervisors, (1993)
13 Cal.App.4th 141, 16 Cal.Rptr.2d 408
Bright
Development v City of Tracy, (1993) 20 Cal.App.4th 783,
24 Cal.Rptr.2d 618
Stanislaus
Audubon Society v County of Stanislaus (Willms Ranch), (1995)
33 Cal.App.4th 144, 39 Cal.Rptr.2d 54
California
Trout v Schaefer (Stockton-East Water District), 58 F.3d
469 (9th Cir. 1995)
Memorial
Hospitals Ass'n v Kenneth Randol (Doctors Medical Center),
(1995) 38 Cal.App.4th 1300, 45 Cal.Rptr.2d 547
County
of San Joaquin v State Water Resources Control Board,(1997)
54 Cal.App.4th 1144, 63 Cal.Rptr.2d 277
Sierra
Club v San Joaquin Local Agency Formation Commission (Califia/Gold
Rush City), (1999) 21 Cal.4th 489, 981 P.2d 543
Association of Irritated Residents v. County of Madera (Diamond H Dairy), (2003) 107 Cal.App.4th 1383
Central Delta Water Agency v. State Water Resources Control Board (2004) 124 Cal.App.4th 245
Bakersfield Citizens for Local Control v. City of Bakersfield (2004) 124 Cal.App.4th 1184
Sierra Club v. West Side Irrigation District (2005) 128 Cal.App.4th 690
Articles:
Boxer
Fears Program Overhaul-Democrat Also Backs Port-Access Funding
The Record. Tuesday, August 26, 2003
Delta
Wetlands Project Sets Stage for Suit
San Joaquin Record - 8/31/02
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