Rodney W. Ott, Of Counsel

Representative Experience

  • Represented a water utility and other well owners in litigation brought by an Indian tribe concerning water rights and an attempt to prohibit any further pumping of groundwater, resulting in a favorable verdict from the federal court dismissing the tribe's claims.
  • Multi-year representation of a water company, including twelve depositions and a five day arbitration, in claims against an engineering firm related to the design of a dozen water treatment facilities, resulting in a multi-million dollar settlement in favor of the client.
  • Represented an electric utility in a multi-year breach of contract litigation with a solar energy developer, resulting in a highly favorable settlement for the client.
  • Represented a water company in a significant appeal of a Corporation Commission rate application, resulting in the Arizona Supreme Court adopting the client's position and reversing an unfavorable lower appellate court decision.
  • Represented the owner of a large refrigerated warehouse in condemnation proceedings related to the construction of a freeway extension.
  • Seven day trial in December 2011 of negligence claim brought by state insurance trust against engineering firm related to school flooding. Twenty depositions of fact and expert witnesses, examinations and cross-examinations of witnesses at trial, and extensive motion practice, including motions for summary judgment and motions in limine. Followed by post-trial briefings, and appellate representation.
  • Represented the property owners in a four day trial, obtained a $4.9 million jury verdict against the City of Phoenix (against a City opinion of value of $2.5 million) in a condemnation of a downtown commercial parcel for a civic park project.
  • Through a ten day 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.
  • Obtained a $4.6 million jury verdict in a six day trial 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 evidence was used to determine fair market value in a condemnation setting.
  • Obtained a $4.7 million jury verdict in a ten day trial against a major utility for condemnation damages arising from the installation of a 500 kv transmission line across commercial property, despite an original utility offer of $270,555.
  • Obtained a $1.246 million jury verdict in a five day trial against the State of Arizona (100% of the amount sought) by successfully enforcing a "most favored nations" clause in a commercial lease of airport property, and secured specific performance of reduced rents for the remaining 15 years of the client's lease.
  • Represented a small water utility before the Corporation Commission in its application for a certificate of convenience and necessity and its application for a determination of rates.
  • Represented an electric utility in litigation with its former CEO, including allegations of fraudulent conduct and wrongful termination.
  • Represented a consumer products manufacturer in a dispute with a municipality which condemned part of the client's real property as part of a municipal airport expansion, resulting in a favorable settlement for the client.
  • Represented an electric utility in multi-year dispute with a Native American tribe before the Corporation Commission concerning provision of electric service to the tribe and maintenance of an easement for an electric transmission line crossing the tribal reservation.
  • Represented a non-profit corporation in a dispute with a former officer concerning ownership of Facebook pages.
  • Represented a large landowner/developer in appeal of a condemnation of a natural gas pipeline easement.
  • Represented numerous banking institutions in appeals relating to foreclosure litigation.
  • Represented a private water utility in front of the Corporation Commission in a number of proceedings related to certificates of convenience and necessity.
  • Represented an air tour operator in an FAA investigation of overflight rights over a national park, resulting in a lengthy hearing before FAA hearing officer and a favorable opinion.
  • Represented a land owner in a federal condemnation appeal related to an attorney's fees claim after the condemner dismissed its eminent domain action against the client.
  • Represented a small business in an appeal involving an embezzling employee, resulting in a favorable decision by the Court of Appeals.
  • Represented a restaurant chain in an appeal brought by an injured employee contending insurance bad faith.
  • Defended an indemnity claim related to a uranium mine in Grand Canyon National Park, resulting in a favorable summary judgment decision.
  • Represented a private water utility at the trial court and appellate levels in a cost recovery lawsuit brought by the City of Bisbee related to the relocation of water lines in the City streets.
  • Successfully represented a mining company in a special action petition brought by an insurer related to a cost recovery action that had been stayed for a lengthy time and which the insurer sought to reopen.
  • Represented a pharmaceutical company in a class action brought in Arizona related to average wholesale price litigation.
  • Represented a real estate developer in transmission line siting proceedings.
  • Represented a water utility in a multi-year dispute with a municipality concerning the municipality's sale of reclaimed water.
  • Represented a water utility in defending against a hostile condemnation by a municipality.
  • Superior court and appellate representation of a developer in a condemnation case involving a dispute over the reversion of an easement.
  • Represented property owner on appeal against a real estate agent after the agent was improperly awarded attorney's fees by the court below.
  • Multi-year representation of an asbestos abatement company, including a nine day trial, suing property owner for non-payment, requiring defense of two appeals by the adverse party.
  • Represented a restaurant on appeal in a case involving interpretation of City of Phoenix building code accessibility provisions.