Stuart Miller received his B.A. with honors in English from Oberlin College in 1973 and his J.D. from New York University in 1977. He is admitted to practice in California and New York. His areas of concentration include appeals and writs, administrative and regulatory law, and civil rights and land-use litigation.
From 1992 to 2004, Mr. Miller was on the full-time and adjunct faculties of Western State University College of Law, where he directed the appellate advocacy program and taught courses in administrative law, environmental law, real property, and civil procedure. He also has taught at several law schools in New York. Student appellate teams under his supervision have won the Bernard E. Witkin Award for Excellence in Appellate Advocacy and the California Academy of Appellate Lawyers Award for Brief Writing, and he received a special commendation from the United States Court of Appeals for the Ninth Circuit for his supervision of a student appellate team.
Along with Wellman & Warren, Mr. Miller is responsible for Monks v. City of Rancho Palos Verdes (2008) 167 Cal.App.4th 263, the only successful permanent regulatory taking case in the history of California.
From 1983 to 1992, Mr. Miller was Assistant Attorney General in the Environmental Protection Bureau of the New York State Department of Law, where he counseled and represented government agencies and officials in a wide variety of important cases. His litigation victories include the leading case in the United States on the liability of successor landowners for hazardous waste cleanups, the constitutional defense of many environmental and public-health statutes, and the closure of the world’s largest radium facility (which the EPA called “the most dangerous Superfund project ever”).
In all, decisions in about 60 of his cases have been printed in official reporters.
Mr. Miller has published law review articles on regulatory taking and licensing issues. His study of regulatory takings has been cited by many commentators, quoted by the Supreme Court of Florida, and referenced as a definitive work by the State of Kansas. From 1996 to 2005 he was the administrative law columnist for California’s leading legal newspapers, the Los Angeles Daily Journal and San Francisco Daily Journal. Orange Coast Magazine named him one of Orange County’s twelve “Most Talked-About Lawyers” of 2007 because of his successes in civil rights litigation.
Monks v. City of Rancho Palos Verdes, 167 Cal.App.4th 263, 84 Cal.Rptr.3d 75 (2008).
Regulatory taking of residential property. Temporary taking claim settled for $4,250,000; permanent Lucas taking found by Court of Appeal; valuation trial pending. This is the only successful permanent regulatory taking claim in California history.
Gammoh v. City of Anaheim, 2003 WL 40795 (Cal. App. 2003).
Civil rights action challenging unconstitutional restriction of adult cabaret. Settlement of $2,000,000 was the highest damages award in the history of adult entertainment.
City of La Habra v. Gammoh, 2004 WL 2898160 (Cal. App. 2004).
Civil rights cross-complaint challenging unconstitutional restriction of adult cabaret resulting in damages settlement of $1,450,000 plus $3,750,000 buyout.
Scordino v. Ni, BC374969 (Super. Ct. L.A. County 2009).
$3,100,000 fraud judgment against international con artist Michael Scordino and Capstone Pictures, Ltd.
Durden v. California, 531 U.S. 1184, 121 S.Ct. 1183, 148 L.Ed.2d 1027 (2001).
Eighth Amendment challenge to California “three strikes” statutes authorizing life sentences for recidivists convicted of petty theft. Certiorari denied with Justices Souter and Breyer dissenting.
State of New York v. Shore Realty Corp., 759 F.2d 1032 (2d Cir. 1985); 763 F.2d 49 (2d Cir. 1985); 648 F.Supp. 255 (EDNY 1986).
Held purchaser of inactive hazardous waste site strictly liable for remediation and reimbursement of State’s response costs. This is the leading case in the United States on successor landowners’ liability for hazardous waste cleanups, and precipitated nationwide legislation requiring “due diligence” contamination investigations in real estate transactions. It has been cited in thousands of judicial opinions, and is reproduced in most law school textbooks on environmental law.
Mullally v. City of Los Angeles, 49 Fed.Appx. 190 (9th Cir. 2002).
Representation of amicus Feminist Majority Foundation in reversal of prison sentence for clerk who disclosed records of domestic violence by Los Angeles police officers. This case led to a comprehensive investigation by the LAPD Inspector General revealing widespread domestic violence by officers and systemic departmental protection of them.
State of New York v. Radium Chemical Co., 16968/87 (Sup. Ct. Queens Co. 1987).
Enjoined world’s largest radium facility to dispose of all radioactive material and decontaminate premises. The EPA called this “the most dangerous Superfund project ever.” (New York Times, Sept. 10, 1989.)
Kennedy v. United States, 643 F.Supp. 1072 (EDNY 1986).
Dismissed multimillion-dollar claim that state officials caused erosion of beach property. This case was the main subject of the August 1986 cover story of Science Digest.