Rodney W. Ott, Of Counsel

Representative Experience

  • Representing the property owners, 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 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 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 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 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.
  • Appellate representation of lenders in foreclosure-related actions brought by borrowers.
  • Represented utility in action brought by former employee, resulting in favorable summary judgment decision.
  • Represented private water utilities in front of the Corporation Commission in a number of proceedings related to certificates of convenience and necessity.
  • Representation of 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.
  • Representation of a land owner in a federal condemnation appeal related to an attorney’s fees claim after the condemnor dismissed its eminent domain action against the client.
  • Representation of a small business in an appeal involving an embezzling employee, resulting in a favorable decision by the Court of Appeals.
  • Representation of restaurant chain in an appeal brought by an injured employee contending insurance bad faith.
  • Defense of an indemnity claim related to a uranium mine in Grand Canyon National Park, resulting in a favorable summary judgment decision.
  • Representation of 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.
  • Successful representation of 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.
  • Representation of a pharmaceutical company in a class action brought in Arizona related to average wholesale price litigation.
  • Representation of a developer in transmission line siting proceedings.
  • Superior court and appellate representation of a developer in a condemnation case involving a dispute over the reversion of an easement.
  • Appellate representation of a property owner in litigation 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 suing property owner for non-payment, requiring defense of two appeals by the adverse party.
  • Appellate representation a restaurant in a case involving interpretation of City of Phoenix building code accessibility provisions.