Mr. Graeler and Mr. Delahooke will discuss a fascinating case with MTA that went to arbitration involving market rent adjustment provisions, termination rights, and the Public Records Act. MTA owned the land and had a ground lease with 15 years remaining. Most agencies have very comprehensive lease agreements in order to protect themselves and keep from being challenged in any situation. Most agency leases have termination rights clauses permitting them the ability to terminate at any time since they may need the property for their capital projects at any given time. This case included requests from a Public Records Act standpoint which every agency encounters from time to time as they must navigate what information is actually public.
Scott D. Delahooke, MAI is the owner of the Delahooke Appraisal Company, located in Arcadia California. He has been an appraiser for over forty years, and has valued a wide range of property types, including commercial, industrial, mixed-use and residential development. His primary work for the past 25 years has been in the litigation field. He has been deposed over 175 times, testified in court nearly 50 times, provided testimony in arbitration and also served multiple times as an arbitrator. He has taught many Appraisal Institute courses over his career, and lectured many times at various conferences on a wide range of topics. He is also a new, first-time grandpa. His granddaughter has learned how powerful pointing is, and laughs as grandpa jumps to get her anything she wants.
David Graeler | Partner, Nossaman LLP serves as Chair of Nossaman’s Litigation Department and Co-Chair of its Real Estate Group. He has more than 20 years of litigation and trial experience, representing both public and private sector clients principally in the areas of real estate, eminent domain, construction and commercial disputes. David has been involved in some of the largest public projects in California, including the Alameda Corridor, LAUSD’s school expansion program, multiple projects for LA Metro, including the Westside Subway and Crenshaw/LAX lines, LAWA’s Landside Access Modernization Program and the Port of Long Beach’s Gerald Desmond Bridge Replacement Project. He has been recognized by The National Law Journal as one of its “Top 50 Litigation Trailblazers and Pioneers” and also received a California Lawyer Attorney of the Year (“CLAY”) Award for litigation after securing a jury verdict that ranked among The National Law Journal’s “Top Verdicts in California.” Most recently, David has been named as 2021 “Professional of the Year” by the International Right of Way Association (IRWA) Chapter 1, and selected as one of the “Top Litigators & Trial Lawyers” in Los Angeles by the Los Angeles Business Journal from 2019 to 2021. He holds a J.D. from Loyola Law School and a B.A. from University of California, Irvine.