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, Arizona, 1996
  • Honorable Raymond T. Terlizzi, U.S. District Court, 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, practicing in the Tucson office. He handles a range of commercial, real estate and land use disputes, including condemnation matters. Mr. Hinderaker is a trial lawyer, who also has 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 in federal court on favorable terms.‎
  • Mr. Hinderaker recently represented Morgan Stanley in a challenge to a home loan secured by ‎a brokerage account under Arizona’s anti-deficiency statute. Mr. Hinderaker’s client ‎prevailed on summary judgment and the case then settled on favorable terms. ‎Pfeiffer v. Morgan Stanley Credit Corp. ‎922 F. Supp.2d‎828‎, 2012 WL 7037292 (D.Ariz.2012).‎ 
  • Mr. Hinderaker represented an intervenor-defendant before the Supreme 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 their ‎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 had not been properly adopted. Mr. ‎Hinderaker’s client recovered attorneys’ fees.‎ 
  • 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 make up 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 tried many 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, Ninth Circuit, 2006
  • U.S. District Court, 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.