Basil "Bill" Shiber has over thirty-five years of experience representing clients in negotiations, trials, arbitrations, and appeals involving all aspects of real property ownership, use and development.
Bill’s clients include property owners, public entities, developers, retailers, financial institutions, title insurers, and academic institutions. Bill’s practice has given him many opportunities to lecture, contribute to scholarly publications and take leadership roles in professional organizations. He has a Martindale-Hubbell peer rating of AV, the highest possible.
Bill has served as Chair of the firm’s Litigation Department and co-chair of the California Lawyers Association Real Property Law Section.
Bill has also served on the board of the Alameda Soccer Club and the Jack London Youth Soccer Sports League, which serves over seven thousand youth in the East Bay.
J.D., Santa Clara University (1989)
B.A., cum laude, University of Colorado (1986)
Land Use
Pacho Limited Partnership v. Eureka Energy Co., San Luis Obispo County No. 19CV-0158. Represented client Eureka Energy as property owner in case involving application of Civil Code section 717 to long term lease of Wild Cherry Canyon, 2,400 acres of pristine coastline near the Diablo Canyon Power Plant. Judgment entered in favor of client following trial.
Pear v. CCSF (2021) 67 Cal. App.5th 61 – Represented property owner regarding surface use of Hetch Hetchy pipeline property. Judgment entered in favor of client following trial and appeal.
Weseloh v. County of Santa Cruz, Santa Cruz County No.18CV03315. Represent County of Santa Cruz in case filed by owners of beachside rental homes challenging accepted dedication of walkway between homes and beach for public use.
Patterson Frozen Foods, Inc., et al. v. Traina Pacific LLC, et al., Stanislaus County Superior Court No. 684866, 6th District Court of Appeal No. H047357, H047368. Represented client in dispute regarding claimed easement for wastewater recycling relative to vegetable processing facility. Court entered judgment in favor of client and ordered plaintiff to pay client in excess of $1,300,000 in costs expended in connection with the litigation. The decision was affirmed on appeal.
Napa County v. Bremer, Napa Superior Court No. 17CV000884. Represented Napa County in enforcement action against winery relative to nature and extent of operations allowed under use permit, as well as County Code and Building Code violations. Matter settled shortly before trial on terms favorable to County, and stipulated judgment entered.
Marina Community Partners, LLC v. Fort Ord Reuse Authority, Monterey County Superior Court No. 18-cv-000871. Represented developer in securing reimbursement for removal of World War II era abandoned army buildings at the former Fort Ord Army Base in the City of Marina. Reimbursement allowed future phases of redevelopment and reuse to proceed.
Hacienda Ranch Homes v. Superior Court (2011) 198 Cal.App.4th 1122 - Represented co-tenant of commercial property in defending claims based on tax deed irregularity and adverse possession. Prevailed on summary judgment.
Sherwin-Williams Company v. City of Emeryville and Emeryville Redevelopment Agency (9th Cir. 2010) 621 F.3d 1251. – Successfully represented landowner in Polanco Act proceeding in which landowner sought contribution for clean-up costs.
County of Sacramento v. Superior Court (2009) 180 Cal.App.4th 943. - Defended developer and landowner in connection with land use and CEQA challenges to proposed 400,000 square foot commercial/retail development. CEQA claims dismissed based on failure to timely request hearing.
City of Marina v. Board of Trustees of CSU (2003) 109 Cal.App.4th 1179 [Court of Appeal], (2006) 39 Cal.4th 341 [Supreme Court]. - Represented California State University in writ of mandate action involving land use issues and CEQA approvals relative to the Campus at Monterey Bay. Prevailed on land use consistency issues.
People v. One Parcel of Land (1991) 235 Cal.App.3d 579. - Represented building owner in forfeiture action relating to apartment building. Judgment entered in favor of client following court trial and appeal.
City of Arcata v. Humboldt State University - Defended University in CEQA challenge relative to addition of new facilities. Judgment was entered in favor of client following trial and appeal.
City of Rialto v. Department of Defense - Defended municipality in federal cost recovery actions involving TCE and perchlorate contamination in the Rialto/Colton basin. Obtained water replacement order and other relief.
Commercial Leasing
Contra Costa Retail Center v. Bally - Represented landlord in breach of lease action against tenant arising from “net worth” warranties in lease. Judgment entered in favor of client following trial and appeal.
Century Theatres v. Lincoln-Larkspur Office - Prosecuted case for preliminary injunction and for injunctive and related relief relative to interference with theater operation. Injunction issued in favor of theater operator client; matter settled favorably thereafter.
Shapell v. Lunardi - Represented grocery chain in connection with claimed breach of “continuous operation” covenant in commercial lease. Defeated application for injunction to enforce provision. Case resolved on favorable terms thereafter.
Gasoline Alley v. Stadium Promenade - Represented landlord in dispute involving alleged breach of non-competition clause in commercial lease agreement relating to simulated car racing facility. Judgment entered in favor of client following jury trial.
Pacific Plaza v. HPMC - Represented theater tenant in arbitration relating to challenge to management fees and level of maintenance of commercial shopping center. Arbitration award and judgment entered in client’s favor.
Eminent Domain/Inverse Condemnation
Santa Clara County Housing Authority v. Trustees of the DeRose Ranch Family Trust, et al., Santa Clara County Superior Court No. 19-cv-34799. Successfully represented client, Santa Clara County Housing Authority, to acquire property located in San Jose for the purpose of continuing to provide existing affordable housing to very low and extremely low income senior citizens.
WSAFCA v. Seecon – Represented property owner and developer in condemnation of property for levee project. Settled case shortly before trial for nearly four times original offer of compensation.
Sywest v. Richmond/BART- Represented property owner in inverse condemnation action relating to property damage resulting from construction of public parking garage. After prevailing on dispositive motions, settled for recovery of entire cost of remediation and attorneys’ fees expended.
Peralta Community College District - Represented community college district in eminent domain proceeding for acquisition of site for new community college (Berkeley City College) in downtown Berkeley.
Pleasant Hill Center/CalTrans - Represented owner of shopping center in connection with condemnation proceeding brought by CalTrans in connection with the widening of Interstate 680. Favorable judgment for client following jury trial.
Commercial/Business Disputes
Confidential (pre-lawsuit mediation). Represented client, a waste hauler and recycler, in the negotiation of an amendment to a waste recycling agreement and readjustment of the financial terms following changes to recycling market precipitated by “China National Sword” orders and regulations. Resolution allowed client to continue to provide the recycling service to the community.
City of King City v. Community Bank of Central California (2005) 131 Cal.App.4th 913. Defended Community Bank of California in action by redevelopment agency to avoid resort to collateral for a multi-million dollar community development loan. Judgment entered in favor of client following trial and appeal.
Outfront v. Caltrans - Represented outdoor advertiser in challenging civil penalties imposed by Caltrans. Judgment entered for client after trial.
ALTA Mortgage Impairment Matters - Represented American Land Title Association in litigation in federal and state court involving issuance of mortgage impairment/lien priority insurance by non-licensed insurers.
Hanson v. Moss Codilis/In re Ocwen Federal Bank Mortgage Servicing Litigation - Counsel for defendant in class action/federal multi-district litigation relative to mortgage servicing issues.
Confidential - Represented owner of $30,000,000 office building in action by limited partner alleging partnership interest. Prevailed following binding arbitration.
Association of Business Trial Lawyers (ABTL)
International Council of Shopping Centers (ICSC)
State Bar of California, Executive Committee of the Real Estate Section – Former Co-Chair/Advisor
Urban Land Institute (ULI)
Alameda Development Corporation and Habitat for Humanity – Pro-bono counsel
Martindale-Hubbell – AV Preeminent Rated (2006 – 2019)
Super Lawyers Northern California (2012 - 2024)
Treatises
Journals
Articles
Bill speaks regularly on subjects relating to land ownership, use, development and leasing, and has published numerous articles in his areas of practice. He is also author of the "Community Redevelopment," “Eminent Domain,” and "Inverse Condemnation" chapters of the authoritative Miller & Starr, California Real Estate 4th Edition.
Miller Starr Regalia (MSR), a preeminent California real estate and land use law firm for more than 60 years, today announced that eight of its attorneys across four practice areas are included in the 2024 Northern California Super Lawyers list. In addition, litigation associate Nicholas E. Ma is included in the 2024 Northern California 2024 Rising Stars list.
Miller Starr Regalia (MSR), a preeminent California real estate law firm for more than 50 years, today announced that eight of its attorneys across five practice areas are included in the 2023 Northern California Super Lawyers list. In addition, two lawyers from MSR’s land use and business litigation practice groups are named among the Northern California 2023 Rising Stars.
Miller Starr Regalia (MSR), a preeminent California real estate law firm for more than 50 years, today announced seven attorneys across four practice areas are among the 2022 Northern California Super Lawyers. Four other MSR’s attorneys in three practice groups are among Super Lawyers’ 2022 Rising Stars.
Miller Starr Regalia (MSR), a preeminent California real estate law firm for more than 50 years, is pleased to announce that seven attorneys across four practice areas have been named 2021 Northern California Super Lawyers and one attorney has been named to the 2021 Rising Stars list.