Steven Hirsch’s litigation practice concentrates on general business and commercial litigation. He serves on the firm’s Executive Committee.  Mr. Hirsch has handled several jury trials concerning eminent domain, contract and lease disputes, valuation of real estate, land use regulation and other government takings of undeveloped and improved land, income producing properties, utility property and certificated areas and water rights. He has experience in recovering federal and state relocation benefits as well.  Mr. Hirsch also has brought actions against governmental agencies arising out of zoning, permitting and similar land use disputes.  He represents developers and utilities in public utility commission matters, including cases involving issuance and modifications of certificates of convenience and necessity to serve and transmission line siting hearings.

Mr. Hirsch has substantial experience in construction law matters, including the resolution of mechanic’s and materialmen’s lien disputes, public and private contract disputes, alternative dispute resolution mechanisms in construction contracts and negotiating the terms of owners’, general contractors’, subcontractors’ and suppliers’ agreements and purchase orders. He has also represented lenders in a variety of litigation matters, including defending various tort claims, prosecuting judicial mortgage foreclosures, lien foreclosures, deficiency actions and receiverships.  Mr. Hirsch’s practice includes appeals in the Ninth Circuit Court of Appeals and in the Arizona Supreme Court and Court of Appeals, Divisions One and Two.  He is certified as a real estate specialist by the State Bar of Arizona and has served as a judge pro tem of the Arizona Court of Appeals.

Representative Experience

• Through a jury trial and settlement on the eve of trial, recovered $4.945 million in damages against the Arizona Department of Transportation, its engineer, and the City of Scottsdale for drainage damages to development parcels arising out of the construction of the Loop 101 freeway in north Scottsdale
• Successfully defeated an attempt by a private natural gas pipeline company to obtain immediate possession of developers’ property in western Maricopa County under the Natural Gas Act in a proceeding in United States District Court
• Obtained a $4.6 million jury verdict against the Arizona Department of Transportation for a freeway taking following a successful appeal and reversal of an earlier adverse judgment by the Arizona Court of Appeals on grounds that inadmissible tax appeal evidence was used to determine fair market value in a condemnation setting
• Successfully defeated a referendum challenge seeking to halt a residential development by public vote before the trial court, Arizona Court of Appeals and Arizona Supreme Court
• Organized and oversaw a nationwide audit of roof structural support systems for a major retailer, coordinating retention of consultants and inspectors, inspection of repairs and corrective work and recovery of damages through use of a secured intranet portal for exchange of information
• Obtained a $4.711 million jury verdict against a major utility for condemnation damages arising from the installation of a 500 kv transmission line across commercial property, against a utility offer of $270,555
• Successfully reinstated a trial verdict dismissing a zoning challenge on notice and other procedural grounds before the Arizona Supreme Court
• Obtained $1.246 million jury verdict against State of Arizona – 100 percent of amount sought – by successfully enforcing “most favored nations” clause in commercial lease of airport property, and secured specific performance of reduced rents for remaining 15 years of client’s lease
• Successfully achieved dismissal of condemnation attempt by Arizona municipality seeking to acquire water utility, plant and property owned and operated by client, and successfully defended the dismissal in the Arizona Court of Appeals in a published opinion.

Professional Affiliations

• American Bar Association, 1981-present
• American Bar Foundation, Fellow, 2002-present
• Arizona Bar Foundation – President, 1995; Director, 1989-1996
• Maricopa County Bar Association, 1981-present
• State Bar of Arizona – Certified Real Estate Specialist, 1995-present
• State Bar of Arizona – President, Construction Law Section, 2003-2004; Director, 2000-2005
• State Bar of Arizona Multi-jurisdictional Task Force – Co-chair, 2001-2003   
• University of Arizona Law College Association – President, 1999-2000; Director, 1995-present

Civic Involvement and Distinctions

• Best Lawyers in America 2008-2009, Eminent Domain and Condemnation Law
• Southwest Super Lawyers 2007-2008
• Morris Institute For Justice – Founder; President, 1998-2000; Director, 1996-2002
• Boy Scouts of America – Scoutmaster, Troop 401, Church of the Beatitudes, 2001-2003; Unit Committee, 1996-present; Silver Beaver Award, 2007
• State Bar of Arizona – Member of the Year, 2003
• University of Arizona’s Sidney S. Woods Alumni Service Award Recipient, 2003
• University of Arizona, James E. Rogers College of Law – Distinguished Alumnus, 2000
• Wildlife For Tomorrow Foundation – President, 2004-present; Director, 2000-present
• Maricopa County Bar Association – Member of the Year, 1989