John C. Hinderaker

Education

  • J.D., magna cum laude, University of Arizona, James E. Rogers College of Law, 1996, Order of the Coif
  • B.A., Business Economics, with Honors, University of California, Santa Barbara, 1991

Bar Admissions

  • Arizona, 1997

Languages

  • Spanish

Clerkships

  • Honorable John M. Roll, U.S. District Court for the District of Arizona, 1996
  • Honorable Raymond T. Terlizzi, U.S. District Court for the District of Arizona, 1996-1997

John C. Hinderaker

Partner
One S. Church Avenue
Suite 700
Tucson, Arizona 85701
Phone 520.629.4430
Fax 520.879.4710
Mr. Hinderaker is a partner in Lewis Roca Rothgerber LLP’s Litigation Practice Group. He handles a range of commercial, real estate and land use disputes, including condemnation matters. Mr. Hinderaker is a trial lawyer, with extensive appellate experience.‎

Representative Cases/Matters

  • Mr. Hinderaker successfully represented a private property owner against the City of Benson in a ‎case before the Arizona Supreme ‎Court, Stagecoach Trails MHC, LLC v. City of Benson, CV-12-0241-‎PR (Ariz. 3-5-2013), 295 P.3d ‎‎943 (2013) and the Arizona Court of Appeals, Stagecoach Trials, MHC, LLCv City of Benson, 232 Ariz. 562, Capp. (2013). The case involved ‎issues of exhaustion of ‎administrative remedies, defining a legal nonconforming use and ‎recovery of attorneys’ fees against ‎a governmental entity. Ultimately, Mr. Hinderaker's client prevailed in the trial and settled a companion civil rights lawsuit filed against the City of Benson in federal court.‎
  • Mr. Hinderaker represented Morgan Stanley in a challenge to the validity of a home loan secured by ‎a brokerage account under Arizona’s anti-deficiency statute. Mr. Hinderaker’s client ‎prevailed on summary judgment. ‎Pfeiffer v. Morgan Stanley Credit Corp. ‎922 F. Supp.2d‎828‎, 2012 WL 7037292 (D.Ariz.2012).‎ 
  • Mr. Hinderaker represented an intervenor-defendant before the Superior Court, Arizona Court ‎of Appeals and Supreme Court of Arizona in litigation brought by the City of Tucson against the ‎State of Arizona to invalidate a state law prohibiting certain practices in municipal elections. City ‎of Tucson v. State, 229 Ariz. 172, 273 P.3d 624 (2012).‎
  • On behalf of the Tucson Association of Realtors, Mr. Hinderaker challenged the validity of a ‎provision of the City of Tucson’s Building Code that required property owners to complete a ‎burdensome and time-consuming "historic review process" before redeveloping a ‎property. Mr. Hinderaker's client prevailed by convincing the trial court to invalidate the building code ‎provision because it was a de facto zoning ordinance that the City had not properly adopted. Mr. ‎Hinderaker’s client recovered attorneys’ fees.‎ 
  • Mr. Hinderaker represented a property owner who was denied a conditional use permit for a church building by the Santa Cruz County Board of Adjustment. Mr. Hinderaker sued in superior court under RLUIPA and the Arizona Free Exercise of Religion Act (FERA) to challenge the BOA’s decision. The court overturned the BOA’s decision and ordered Santa Cruz County to issue the conditional use permit. Santa Cruz County agreed to pay compensation to settle the client’s damages claim.
  • On behalf of a group of interested property owners, the Tanque Verde Coalition, Mr. ‎Hinderaker brought a lawsuit against the Tanque Verde Unified School District under the ‎Arizona Open Meeting Law that prevented the District from constructing a new high school. The Arizona Court of Appeals ultimately overturned the trial court’s ‎decision, finding that the school district had properly ratified its ‎prior decision; however, during the delay caused by the litigation, the Tanque Verde Coalition ‎mounted a successful recall campaign that changed the makeup of the School Board. The new ‎School Board then abandoned the District’s plans for a new high school. Tanque Verde ‎Unified School Dist. V. Bernini, 206 Ariz. 200, 76 P.3d (App. 2003).‎ 
  • Mr. Hinderaker represented a home owners ‎association before the Arizona Supreme Court. The decision rendered in this case is the ‎seminal Arizona Supreme Court case regarding the establishment and definition of a “public ‎way.” Pleak v. Entrad Property Owners’ Association, 207 Ariz. 418, 87 P.3d 831 (2004). ‎ 
  • Mr. Hinderaker has handled multiple cases before the superior court and the Arizona Court of ‎Appeals involving challenges to the validity of referendum petitions affecting development ‎agreements or zoning ordinances.
  • Mr. Hinderaker has tried several cases involving property valuation issues, including ‎several condemnation cases for property owners against the City of Yuma, City of Tucson, ‎Pima County and the State of Arizona.
  • Mr. Hinderaker has successfully litigated and tried cases involving construction-related issues. ‎These cases include payment disputes over the scope and quality of work performed; the ‎validity and priority of mechanic’s and materialmen’s liens; and allegations of professional ‎negligence against architects, engineers and/or contractors.‎
  • Mr. Hinderaker has favorably resolved numerous zoning enforcement actions brought by the ‎City of Tucson, Pima County and other jurisdictions. ‎ 
  • Mr. Hinderaker has handled numerous cases involving commercial landlord-tenant disputes. ‎ 
  • Mr. Hinderaker has handled numerous cases to enforce promissory notes and guarantees.

Memberships and Affiliations

  • Pima County Commission on Trial Court Appointments, Member (appointed by Governor Janet Napolitano and reappointed by Governor Jan Brewer)
  • University of Arizona James E. Rogers College of Law, Law College Association, Board Member
  • Pima County Bar Association, Member
  • Morris K. Udall Inn of Court, Former Member (2003-2008)
  • Cystic Fibrosis Foundation State Advisory Board, Former Member (2000-2008)

Court Admissions

  • U.S. Court of Appeals for the Ninth Circuit, 2006
  • U.S. District Court for the District of Arizona, 1998
  • Arizona Supreme Court, 1997

Other Distinctions

Mr. Hinderaker is listed in the 2010-2015 editions of The Best Lawyers in America©, by Woodward/White, Aiken, S.C. in the categories of Commercial Litigation, Real Estate Litigation, and Land Use & Zoning Litigation. Since 2010, he has been listed among the Top Lawyers in Tucson as published by Tucson Lifestyle Magazine, and has held an "AV/Preeminent Attorney" rating with Martindale-Hubbell since 2005. In 2007, Mr. Hinderaker was included in Tucson Business Edge's 40 under 40.

Mr. Hinderaker was a member of the University of California Santa Barbara’s 1990 NCAA semifinalist water polo team. Mr. Hinderaker won the 1991 Golden Eagle Award for the top male scholar-athlete at UCSB.

Mr. Hinderaker is an Eagle Scout.

Mr. Hinderaker received the third highest score on the February 1997 Arizona Bar Examination.