Practice Areas
Practice Description
James Eggart is a Director in the Firm’s municipal law practice group. He specializes in representing cities, special districts, and other public agencies in both transactional and litigation matters. Mr. Eggart serves as an advisor to public agency boards and city councils and planning commissions. He also represents municipal clients in writ of mandate actions, complex civil litigation, and appellate matters in both state and federal courts.
Mr. Eggart specializes in complex municipal law matters and excels at negotiating and drafting complex agreements and other transactional documents, along with representing clients in litigation involving novel or complicated legal issues. Mr. Eggart has years of experience in all areas of municipal and local government law, and he has developed particular expertise in matters pertaining to land use, housing, solid waste, and stormwater runoff.
Mr. Eggart currently serves as General Counsel to the Midway City Sanitary District, as General Counsel and General Manager to the Regional Solid Waste Association., and as Assistant City Attorney for the Cities of Garden Grove, Diamond Bar, Laguna Hills, Rancho Santa Margarita, and Tustin. He also currently serves as advisor to the Garden Grove and Diamond Bar Planning Commissions.
Professional Activities
Mr. Eggart is a member of the Orange County City Attorneys’ Association and the Real Estate Section of the Orange County Bar Association. He is also a longtime member of the Orange County National Pollutant Discharge Elimination System (NPDES) Legal and Regulatory Task Force, a collection of local agency attorneys and staff that helps municipal agencies to implement and comply with municipal storm water laws, regulations and permits.
Representative Matters
- Served as principal advisor to city planning commissions for more than 15 years
- Developed and advised cities on municipal code regulations focused on implementation of and compliance with state housing laws
- Negotiated and drafted an affordable housing implementation plan and regulatory agreement on behalf of a city for 200 affordable housing units within a large mixed-use development
- Negotiated and drafted a disposition, development and economic assistance agreement on behalf of a city to facilitate the development of an upscale hotel and retail/restaurant/entertainment complex on city-owned property
- Negotiated and drafted a complex development agreement on behalf of a city to facilitate the redevelopment of a prominent shopping center with a multi-phase, mixed-use project
- Advised a city in conjunction with a successful ballot measure to increase the amount of its transient occupancy tax
- Assisted a city to form and implement a tourism improvement district to fund marketing and public improvements to attract more visitors to the city and its hotels
- Negotiated and drafted agreements on behalf of a public agency to facilitate and implement the design, construction, and operation freeway toll road facilities
- Developed municipal regulations for the handling and collection of solid waste, recyclable materials, and organic waste
- Negotiated a solid waste handling franchise agreement on behalf of a sanitary district
- Successfully defended a city against land use and CEQA challenge to short-term vacation rental regulations, resulting in a published appellate opinion
- Defended a county sheriff in litigation pertaining to compliance with California Values Act and TRUTH Act in county jail
Relevant Publications & Presentations
- “Replacing The Sword With A Scalpel: The Case For A Bright-Line Rule Disallowing The Application Of Lack Of Marketability Discounts In Shareholder Oppression Cases,” 44 Ariz. L. Rev. 213 (2002)
- “2022 Housing and Land Use Legislation,” Presentation to Orange County City Attorneys’ Association, January 19, 2023
- “Crafting Objective Design Standards and Getting it Right,” Presentation to American Planning Association, California Chapter, October 4, 2022
- “SB 8, 9, 10 and (Much) More; Summary of Significant 2021 Housing Legislation,” Presentation to Planning Directors’ Association of Orange County, March 10, 2022
- “Recent Changes in California Housing Law – Yesterday, Today and Tomorrow,” Presentation to Orange County City Managers’ Association, March 2, 2022
Education
- University of Arizona (J.D., cum laude, 2001)
- University of Arizona (M.B.A., 2001)
- University of Montana (B.A., high honors, 1998)