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 is currently litigating a case on behalf of a private property owner against the ‎City of Benson that recently resulted in a decision in his client’s favor from 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). The case is currently on remand to the Arizona Court of Appeals. The case involves ‎issues of exhaustion of administrative remedies, defining a legal nonconforming use and ‎recovery of attorneys’ fees against a governmental entity.
  • Mr. Hinderaker recently represented Morgan Stanley in a challenge to a home loan secured by ‎a brokerage account under Arizona’s anti-deficiency statute. The case had implications for over ‎‎$30 million of loans previously originated by the client in Arizona. Mr. Hinderaker’s client ‎prevailed on summary judgment and the case then promptly settled on favorable terms. ‎Pfeiffer v. Morgan Stanley Credit Corp. ___ F. Supp.2d___, 2012 WL 7037292 (D.Ariz.2012).‎ 
  • Mr. Hinderaker represented the Southern Arizona Leadership Council as an intervenor-‎defendant in litigation brought by the City of Tucson against the State of Arizona to invalidate a ‎state law prohibiting certain practices in municipal elections. Ultimately, the City of Tucson ‎prevailed before the Arizona Supreme Court, and Mr. Hinderaker argued a portion of the case ‎before the Arizona Supreme Court. In the process, he became steeped in Arizona law defining ‎the scope of the legislature’s power under the Arizona Constitution to legislate on the affairs of ‎charter cities. 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 prevailed by convincing the trial court that the building code ‎provision at issue was a de facto zoning ordinance that should be invalidated because the City ‎had not followed the more stringent notice rules necessary to adopt a zoning ordinance. 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 proceeding with the construction ‎of a new high school. The Arizona Court of Appeals ultimately overturned the trial court’s ‎decision for Mr. Hinderaker’s clients, 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. Through this case, Mr. ‎Hinderaker gained an in-depth understanding of the State’s open meeting laws. Tanque Verde ‎Unified School Dist. V. Bernini, 206 Ariz. 200, 76 P.3d (App. 2003).‎ 
  • Mr. Hinderaker was heavily involved in Lewis Roca Rothgerber’s representation of 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 that were adopted by a municipality and were favorable to ‎Mr. Hinderaker’s clients’ interests. ‎ 
  • Mr. Hinderaker represented the Trustee for the USACM Liquidating Trust in its efforts to ‎resolve approximately $1 billion in claims against the Trust in the United States Bankruptcy ‎Court, Las Vegas, Nevada. The claims resolution process lasted for several years and gave Mr. ‎Hinderaker extensive experience in this area of bankruptcy law.‎ 
  • Mr. Hinderaker has handled numerous cases involving property valuation issues, including ‎several condemnation cases for property owners against the City of Yuma, City of Tucson and ‎Pima County.
  • Mr. Hinderaker has successfully litigated 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 and Pima County. ‎ 
  • 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 2010-2014 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. He is listed in the 2010 edition of 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.