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
John Hinderaker’s practice includes trial and appellate litigation. He focuses on real estate litigation, land use litigation, eminent domain/condemnation and construction litigation. John has successfully tried cases to verdict in Tucson, Phoenix and Bisbee and handled appeals before the Arizona Court of Appeals and the Arizona Supreme Court. John works to understand his clients’ needs and objectives. He then strives to work within budgets approved by his clients to accomplish his clients’ goals, whether through settlement, trial or appeal.

Representative Cases/Matters

  • Represented a materials supplier in a challenge brought by a general contractor to the validity of a materialman’s lien. Following a trial, the court entered judgment for Mr. Hinderaker’s client and awarded attorneys’ fees.
  • Represented a group of investors who purchased intellectual property rights from two individuals. Following a trial, the court found that the defendants had committed fraud and entered judgment for over $1 million in favor of Mr. Hinderaker’s client.
  • Successfully challenged the validity of a provision in the City of Tucson’s building code that required property owners to complete a burdensome “historic review process” before redeveloping their property.
  • Represented a manufactured home park when the City of Benson, Arizona stopped recognizing the park’s nonconforming use rights after 40 years of operation and refused to issue permits for replacement homes. The client’s property rights were reestablished after four years of litigation that included a successful appeal to the Arizona Supreme Court. Stagecoach Trails MHC, LLC v. City of Benson, 295 P.3d 943 (2013). In a companion case filed in federal court, the client asserted civil rights violations under 42 USC Section 1983 and ultimately reached a monetary settlement with the City.
  • Represented a mortgage lender in a challenge brought under Arizona’s anti-deficiency statute to the validity of a home loan secured by a lien on a brokerage account. Mr. Hinderaker’s client prevailed on summary judgment. Pfeiffer v. Morgan Stanley Credit Corp., 922 F. Supp.2d 828, 2012 WL 7037292 (D.Ariz. 2012).
  • Represented an intervenor-defendant in litigation brought by the City of Tucson to challenge a state law prohibiting certain practices in municipal elections. The case was ultimately decided by the Arizona Supreme Court. City of Tucson v. State, 229 Ariz. 172, 273 P.3d 624 (2012).
  • Represented a private property owner who appealed the denial by the Santa Cruz County Board of Adjustment of a conditional use permit needed to construct a church complex. The appeal challenged the denial under RLUIPA and the Arizona Free Exercise of Religion Act. Following an evidentiary hearing, the Court overturned the denial and ordered Santa Cruz County to issue the permit. Mr. Hinderaker then filed a companion case asserting civil rights violations that led to a monetary settlement with Santa Cruz County.

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.