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525 B Street, Suite 2200
San Diego, California 92101
Direct Phone: 619.515.3294
Direct Fax: 619.398.0162
john.lemmo@procopio.com
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Partner

John C. Lemmo

Partner

Admissions
California
John is a member of Procopio’s Public Agencies and Charter Schools Practice Group, and provides general and focused counseling to charter schools, school districts, water districts and municipalities regarding governance, Operational and business matters. He also represents public agencies, private developers and landowners in matters involving environmental and land use regulation and litigation. He has extensive experience working with and on behalf of local and state governmental and regulatory agencies on permitting, entitlement, compliance, California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) and enforcement matters.

Prior to joining Procopio, John practiced in the areas of public agency, environmental regulation and general commercial litigation with Foley & Lardner LLP. Prior to joining Foley & Lardner, he was with a boutique firm in Beverly Hills, where he practiced real estate, environmental and business litigation. Before graduating from the University of San Diego School of Law, John served as a student attorney with its Environmental Law Clinic and, after graduating, served as staff counsel for a nonprofit public interest organization.

John is an adjunct professor at Southwestern College.

Selected Reported Cases
  • California School Boards Association v. State Board of Education (2010) 191 Cal.App.4th 530
  • New West Charter Middle School v. Los Angeles Unified School District (2010) 187 Cal.App.4th 831
  • McLeod v. Vista Unified School District (2008) 158 Cal.App.4th 1156
  • Life Care Centers of America v. CalOptima (2005) 133 Cal.App.4th 1169

Representative Matters
  • Provides counseling and litigation defense for charter schools, school districts, water districts and other local agencies.
  • Served as legal counsel in connection with large, controversial public projects; residential, commercial and industrial approvals; and litigation with respect to CEQA and NEPA issues.
  • Serves as special counsel to city council for administrative appeals.
  • Provided counseling and litigation defense related to sewer service allocation, and other rate-payer disputes.
  • Provided counseling and litigation defense related to taxpayer challenge to general obligation bond issuance and program.
  • Provides counseling and litigation defense in connection with the formation and operation of charter schools.
  • Represented board member in special district election dispute.
  • Provided cost recovery and enforcement defense representation involving LUSTs and other hazardous waste-related cleanups, as well as counseling and negotiation for brownfields representation.
  • Represented agencies and property owners in direct and inverse condemnation eminent domain litigation.
  • Provides counseling and litigation defense in connection with coastal development permits (Coastal Act).
Education
  • JD, University of San Diego School of Law
  • BA, Occidental College, cum laude
Community Involvement
  • City of San Diego – Historical Resources Board Chair
  • The State Bar of California – Environmental Section

Mr. Lemmo has given numerous presentations on environmental matters to academic and professional organizations, including the California Charter Schools Association (CCSA), Coalition for Adequate School Housing (CASH), Charter Schools Development Center, University of California, US EPA Brownfields National Conference and the General Land Office of the State of Texas, and has published many articles in the areas of regulatory compliance. He has also made many local television and radio appearances discussing land use and environmental topics.

Recent Publications

Recent Seminars 
  • “Can You Do That with Charter School Money? School Expenses and Pupil Fees,” 21st Annual Charter School Conference, San Jose, CA, March 4-6, 2014.
  • “In The Wake of Sandy Hook: How to Handle Threats from Students,” 21st Annual Charter School Conference, San Jose, CA, March 4-6, 2014.
  • “How to Acquire Facilities Under Proposition 39,” 21st Annual Charter School Conference, San Jose, CA, March 4-6, 2014.
  • “Student Expulsions and ''Dismissals:" Charter Schools are Different,” 21st Annual Charter School Conference, San Jose, CA, March 4-6, 2014.
  • “The Best Board Meeting Ever: Demonstrating Best Practices,” 21st Annual Charter School Conference, San Jose, CA, March 4-6, 2014.
  • “The Aftermath of the Ivy Academia Case,” Procopio and CCSA Webinar, Nationwide, April 19, 2013.
  • “Student Expulsions and Suspensions: Charter Schools are Different,” 20th Annual Charter Schools Conference, San Diego, CA, March 11-14, 2013.
  • “Legal Fundamentals of Charter School and Nonprofit Governance,” 20th Annual Charter Schools Conference, San Diego, CA, March 11-14, 2013.
  • “Free Legal Clinic on Charter School and Nonprofit Governance,” 20th Annual Charter Schools Conference, San Diego, CA, March 11-14, 2013.
  • “How to Acquire Facilities Under Proposition 39,” 20th Annual Charter Schools Conference, San Diego, CA, March 11-14, 2013.
  • “Charter Facilities: A How-to Guide (non-Prop 39),” 20th Annual Charter Schools Conference, San Diego, CA, March 11-14, 2013.
  • “CCSA Governance Academy: Brown Act, Conflicts and Best Practices for Charter School Board Members and Officials,” April 2012.
  • “Charter Facilities: A How-To Guide (non-Prop 39),” 19th Annual Charter Schools Conference, Sacramento, CA, February 27-March 1, 2012.
  • “How to Acquire Facilities Under Proposition 39,” 19th Annual Charter Schools Conference, Sacramento, CA, February 27-March 1, 2012.
  • “Expulsions and Suspensions: This Isn't How We Did It at the District!” 19th Annual Charter Schools Conference, Sacramento, CA, February 27-March 1, 2012.