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525 B Street, Suite 2200
San Diego, California 92101
Direct Phone: 619.525.3804
Direct Fax: 619.398.0134
evelyn.heidelberg@procopio.com
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Partner

Evelyn F. Heidelberg

Partner

Admissions
California
Evelyn’s practice emphasizes land use and environmental transactional practice. She represents developers in conducting land use due diligence in real estate transactions and obtaining land use entitlements and advises businesses, non-profit organizations and individuals on land use and environmental compliance matters.

Evelyn also has an active litigation practice including real estate, land use, environmental and general commercial litigation. She has successfully represented businesses, governmental entities, non-profit organizations and individuals in state and federal courts.

Prior to joining Procopio, she was Of Counsel with Latham & Watkins in Los Angeles. Prior to practicing law, Evelyn was an independent consultant on environmental and governmental relations for major manufacturing and trade association clients. She also represented developers and building industry associations on environmental issues and worked as a city and regional planner in southern California and Virginia.

Representative Matters 
         Land Use and Environmental Matters
  • Represents coastal property owners in obtaining Coastal Development Permits from municipality and Coastal Commission.
  • Represented developers in several actions seeking to quiet title against adverse claims interfering with entitlements.
  • Represented developers in successful opposition to applications for temporary restraining orders in actions challenging commercial and residential projects on grounds of noncompliance with CEQA and the Coastal Act.
  • Represented developer of downtown San Diego waterfront mixed use redevelopment project with respect to CEQA issues.
  • Represented owner of shopping center in obtaining approval of redevelopment plan and waiver of development impact fees.
  • Represented property owner in successfully obtaining subdivision map waiver from City of San Diego’s Development Services Department.
  • Represented owner of office property in successfully obtaining amendment to municipality's ordinance placing moratorium on rental of property for continued office use.
  • Represented developer of single-family homes in successfully defending against neighbors’ appeals to San Diego City Council.
  • Represented condominium owners in successfully obtaining from San Diego City Council extensions to subdivision maps.
  • Represented applicant to Local Agency Formation Commission for approval of annexation.
  • Represented Geological Hazard Abatement Districts in obtaining Coastal Development Permit from Coastal Commission for seawall.
  • Represented religious institution in appeal to City Council of Planning Commission denial of increase in limit on number of students at tenant charter school.
  • Represented charter school in obtaining from school district an exemption from local land use regulations.
  • Represents property owners in negotiating public agency “takings.”               
         Land Use, Real Estate and Environmental Litigation
  • Represented children's museum in successful defense of entitlements to construct major new facility.
  • Represented condominium converters in litigation challenging municipality's exemption of such projects under the California Environmental Quality Act ("CEQA") and the Subdivision Map Act.
  • Represented plaintiff in action for trespass, nuisance, unfair business practices and unjust enrichment against commercial neighbor; defeated anti-SLAPP motion to strike.
  • Represented potentially responsible parties in suits under federal and state Superfund laws.
  • Represented major oil companies in cases brought by District Attorneys alleging violation of underground storage tank regulations, and related statutory and common law violations.
  • Represented high-tech, petroleum, auto and sports equipment/clothing manufacturers in defending against Proposition 65 failure to warn and discharge to drinking water claims.
  • Represents defendants in Proposition 65 (failure to warn and discharges to sources of drinking water) actions.
  • Represented municipality in successful judicial challenge of Local Agency Formation Commission’s denial of annexation.
        Business and Other Litigation
  • Represented major national non-profit sports organizations against class action claims alleging gender discrimination under the Unruh Civil Rights Act.
  • Moved to dismiss numerous suits in federal and state courts alleging predatory lending and wrongful foreclosure claims.
  • Obtained summary judgement for business charged with age discrimination under the Unruh Civil Rights Act.
  • Represented defendants in action alleging violation of Political Reform Act reporting requirements.
                     
Education
  • JD, Pacific McGeorge School of Law, valedictorian, 1991
  • MA (Urban and Regional Planning), University of Pittsburgh Graduate School of Public and International Affairs
  • BA, University of Delaware, magna cum laude, Phi Beta Kappa
Community Involvement
  • Association of Business Trial Lawyers
  • City Ballet of San Diego – Board of Directors
  • Home Start – Board of Directors
  • NAIOP – Legislative Committee
  • Urban Land Institute

 Recent News Coverage

Recent Publications Recent Seminars 
  • Moderator. "San Diego's Climate Action Plan: Opportunities, challenges and the bottom line," Urban Land Institute San Diego-Tijuana, San Diego, CA, June 9, 2015.
  • “AB 1103: Energy Benchmarking and Disclosures for Commercial Buildings,” Carlsbad Chamber of Commerce, May 14, 2013.