Kevin D. Siegel

Kevin D. Siegel

Pronouns: he, him, his

Kevin represents cities and other local agencies regarding a wide range of public law matters, including land use and planning, CEQA and environmental law, inverse condemnation and eminent domain, open meeting and public records, taxes and assessments, elections and initiatives, contracts and torts, and due process and other issues of constitutional law.  Kevin provides litigation as well as advisory services.

Kevin joined Burke, Williams & Sorensen in August 2012.  Prior to joining Burke, Kevin was a Deputy City Attorney for the City of Oakland, where he specialized in writs and appeals.  Previously, Kevin was a shareholder at McDonough Holland & Allen, where he litigated cases for public agencies across the State, and a Legal Research Attorney for the San Francisco Superior Court, where he advised judges regarding complex litigation.

Kevin endeavors to reach positive outcomes for his clients, without litigation.  But when litigation is necessary, Kevin zealously pursues successful outcomes in court.

The following is a representative list of cases Kevin has handled in the trial and appellate courts:

Published Appellate and District Court Decisions

  • Lafayette Bollinger Dev. LLC v. Town of Moraga, 93 Cal.App.5th 752 (2023) —prevailed in trial and appellate courts against writ and takings challenges to town’s denial of greenfield development project
  • Host International, Inc. v. City of Oakland, 70 Cal.App.5th 695 (2021)—defeated challenge to Tax Board’s determination that plaintiff-appellant owed business license taxes, penalties and interest for unreported business activity.
  • Stancil v. Superior Court (Redwood City), 11 Cal.5th 381 (2021)—Successfully argued in California Supreme Court that motions to quash service of summons and complaint may not challenge merits of unlawful detainer complaints
  • Building Industry Association-Bay Area v. City of Oakland289 F.Supp.3d 1056 (N.D. Cal. 2018), aff’d sub nom. Building Industry Association v. City of Oakland, 775 F. App’x 348 (9th Cir. 2019) defeated takings challenge to ordinance requiring developers to install publicly accessible art or pay in-lieu fees
  • San Bruno Committee for Economic Justice v. City of San Bruno15 Cal.App.5th 524 (2017)—successfully defended City’s refusal to place referendum on ballot regarding City Council’s approval of an agreement to sell real property for development project
  • Jisser v. City of Palo Alto, 2016 WL 3456696 (N.D. Cal. June 24, 2016)—successfully moved to dismiss Nollan/Dolan takings challenge by Pacific Legal Foundation to closure of mobile home park
  • Stewart Enterprises, Inc. v. City of Oakland248 Cal.App.4th 410 (2016)—successfully defended against takings and due process claims for damages regarding city’s impairment of vested right to construct project following issuance of building permit
  • Oakland Heritage Alliance v. City of Oakland195 Cal.App.4th 884 (2011)—successful defense of Environmental Impact Report for 3,000-unit mixed use project
  • Sacks v. City of Oakland190 Cal.App.4th 1070 (2010)—successful defense of lawsuit seeking injunction and refunds of $20 million in annual taxes for alleged violations of provisions in special tax measure authorizing collection and governing expenditures
  • Woodfin Suite Hotels, LLC v. City of Emeryville2007 WL 81911 (N.D.Cal. 2007)—successful defense of challenge to local living wage ordinance
  • North Pacifica, LLC v. City of Pacifica234 F.Supp.2d 1053 (N.D.Cal. 2002)—order granting motion for to dismiss due process challenge to city’s consideration of development project
  • Emeryville Redevelopment Agency v. Harcros Pigments101 Cal.App.4th 1083 (2002)—successful defense of trial court rulings on business goodwill and evidence of fair market value in eminent domain proceeding

Superior Court Decisions

  • Elite-TRC Alhambra Community, LLC et al. v. City of Alhambra, et al., Los Angeles County Superior Court Case No. 22STCP00217—defeated Housing Accountability Act challenge to denial of development project
  • Discovery Builders, Inc. v. City of Brentwood, Contra Costa County Superior Court Case No. N21-0980-defeated challenge to denial of development project under Housing Accountability Act, inverse condemnation, due process, and other causes of action
  • Gallaher v. City of Santa Rosa, Sonoma County Superior Court Case No. SCV-265711—successfully defended challenge to ordinance requiring electric-only power and heating systems for new low-rise residential construction (AKA all-electric reach code), under CEQA and California reach code regulations
  • Maris v. Alameda County, Alameda Superior Court Case No. HG20082092-sucessfully moved to dismiss writ petition alleging approval of affordable housing project violated CEQA
  • Bruzzone v. Town of Moraga, Contra Costa County Superior Court Case No. MSN18-1166—upheld a Negative Declaration for regulations governing hillside development
  • San Francisco Bay Marinas for All, Inc. v. City of Redwood City, San Mateo County Superior Court Case No. 17CIV00276—confirmed that a plan to terminate residential use of a marina and to relocate liveaboard tenants was exempt from CEQA
  • West Meadow Oaks, L.P. v. City of Palo AltoSanta Clara Superior Court Case No. 1-10-CV-165794—prevailed at trial and on appeal in action challenging inclusionary zoning (affordable housing) condition of approval
  • Bruzzone v. Town Clerk, Town of MoragaContra Costa County Superior Court Case No. N15-1376—successfully defended Town of Moraga’s decision not to place referendum on the ballot
  • Loeb v. City of Pacifica, San Mateo Superior Court Case No. CIV 522741—successfully demurred to complaint seeking to enjoin City’s cooperation with a highway improvement project
  • Brandywine v. City of Oakland, Alameda County Superior Court Case No. RG11590075—prevailed a writ hearing/court trial in challenge to business license taxes
  • Communities for a Better Environment v. City of OaklandAlameda Superior Court Case No. RG15788084—prevailed in CEQA action challenging City of Oakland’s authority regarding redevelopment of former Army Base
  • Clean West Oakland Now v. City of OaklandAlameda Superior Court Case No. RG14740465—prevailed in CEQA action challenging City of Oakland’s approval of refuse and compost hauling and disposal agreements
  • Kaye v. City of St. HelenaNapa County Superior Court Case No. 26-67584—prevailed in suit for damages based on denial of a housing project
  • Sole v. City of Redwood CitySan Mateo Superior Court Case No. CIV 528621—successfully demurred to complaint for a writ of mandate and declaratory relief seeking to compel City to allow houseboat owner to connect to the City’s sewer system
  • Stop the Casino 101 Coalition v. City of Rohnert ParkSonoma County Superior Court Case No. SCV 252617—successfully moved for judgment in CEQA action challenging road improvement project
  • Lantz Properties LLC v. VeraNapa County Superior Court Case No. 26-59545—successfully demurred on behalf of City of Calistoga in quiet title action
  • Friends of Knowland Park v. City of OaklandAlameda Superior Court Case no. RG11586554—successful defense of CEQA and General Plan challenge to City’s approval of 50-plus acre expansion of Oakland Zoo.
  • Eco Green Cab v. Santana, City AdministratorAlameda Superior Court Case no. RG12634130—denial of petition for writ of mandate to invalidate disqualification of applicant for taxicab permits
  • Fields v. City of OaklandAlameda Superior Court Case no. RG11556225—order on motion for summary adjudication regarding Proposition 218 challenge to a Landscaping and Lighting Assessment District
  • County of Alameda v. City of OaklandSan Francisco Superior Court Case no. CPF-11-511142—successful defense of claims to enjoin enforcement of tax ordinance at property jointly owned with county
  • Wells Fargo v. City of OaklandAlameda Superior Court Case no. RG10536087—successful demurrer to complaint seeking to invalidate code enforcement assessments
  • Sheppard Canyon Homeowners Association v. City of OaklandAlameda Superior Court Case no. RG07343944—successful defense of breach of contract challenge to City decision regarding improvements to real property
  • Brown v. City of OaklandAlameda Superior Court Case no. RG07356843—successful defense to challenge to rent board decision
  • Coalition of Advocates for Lake Merritt v. City of OaklandAlameda Superior Court Case no. RG06-280471—successful defense of challenge to the adoption of a Development Agreement for 3,000-unit mixed use project
  • City of Corona v. Moreno Valley et. alRiverside Superior Court Case no. 351283—defeated effort to re-allocate tax revenue between cities

  • J.D., magna cum laude, University of California, Hastings College of the Law, 1997
  • B.A., Columbia University, 1988
  • State Bar of California
  • United States Court of Appeals for the Ninth Circuit
  • United States District Courts for the Central, Eastern and Northern Districts of California