Adrian Urquhart Winder

Overview

Adrian represents public and private clients in trial and appellate litigation, with a particular focus on real estate and municipal law.

Adrian is experienced in eminent domain and inverse condemnation matters and also advises her clients regarding the Public Records Act and Open Public Meetings Act, municipal government, and statutory, regulatory and constitutional law issues.

Professional Activities

• Association of Washington Housing Authorities
• Federal Bar Association
• Tacoma-Pierce County Bar Association
• Washington Public Ports Association
• Washington State Association of Municipal Attorneys

Pro Bono Activities

• Family Violence Appellate Project (FVAP)
  • Represented survivor in defending against multiple appeals filed by ex-spouse and successfully upholding trial court’s dismissal in first appellate decision under Washington’s Abusive Litigation Act, ch. 26.51 RCW
  • Represented survivor in defending against appeal by ex-spouse in dissolution proceedings, where survivor had suffered a nearly 30-year abusive relationship
  • Amicus curiae counsel on behalf of FVAP in support of survivor regarding the legal distinctions between criminal no-contact orders, civil orders of protection, and family law restraining orders
  • Moot court panelist and mentor to FVAP attorney in successfully pursuing appeal from order that violated RCW 26.09.191 and survivor’s First Amendment rights
  • Representing survivor from an arranged marriage to an older man in defending against his appeal of decree of dissolution and parenting plan
• Pro Bono Panel, United States District Court for the Western District of Washington
  • Appointed by the court to represent incarcerated individual in pursuing claims under the Freedom of Information Act (FOIA)

Experience

Representative Matters: Appellate Decisions

• Public Utility District No. 1 of Okanogan County v. State, 182 Wn.2d 519 (2015): represent public utility district in affirming authority to condemn easements over State lands for transmission corridor project
• Admasu v. Port of Seattle, 185 Wn. App. 23 (2014), review denied, 183 Wn.2d 1009 (2015): represent municipal airport operator in dismissal of putative class action seeking damages and injunctive relief based on alleged inverse condemnation, nuisance and trespass caused by airport operations
• McDonnell v. City and County of Denver, 878 F.3d 1247 (10th Cir. 2018): represent Airports Council International – North America as amicus curiae in reversal of preliminary injunction on First Amendment challenge to airport permit policies governing protests and demonstrations
• Lewington v. Parsons, 193 Wn. App. 1044 (unpublished), review denied, 186 Wn.2d 1012 (2016): Represent property owner in obtaining a favorable decision on interpretation and application of neighborhood restrictive covenant
• Vern F. Sims Family Ltd. Partnership v. City of Burlington, 194 Wn. App. 1048 (2016) (unpublished): represent Northwest-based global retail developer in litigation regarding latecomer agreement for street improvement project, affirming dismissal of claims under LUPA
• McCleary v. State of Washington, 173 Wn.2d 477 (2012): represent petitioners in trial and appellate litigation to enforce State Constitution’s public education clause, including Washington Supreme Court enforcement and contempt proceedings

Other Representative Matters

• Represent port district in multiple matters involving claims of alleged inverse condemnation, nuisance and trespass caused by airport operations and overflights
• Represent private Seattle-based real estate developer, Northwest-based food and drug retailer, and other business and individual property owners in multiple condemnation actions related to Sound Transit’s East Link and Lynnwood Link Extension Light Rail Projects
• Represent port district in dismissal of superior court litigation to vacate lease of cargo terminal, reversal of city interpretation and notice of violation of shoreline substantial development permit, and in responding to associated public records requests
• Represent and advise Class 1 railroad in matters involving quiet title, adverse possession, prescriptive easement, federal preemption, franchises and eminent domain
• Represent city in multiple condemnation matters for downtown flood improvement project and associated Public Records Act litigation
• Represent multiple cities in condemnation matters to acquire property rights for street improvement and recreational trail projects
• Represent major public institution in litigation under the Open Public Meetings Act
• Represent major public institution in condemnation of property necessary for campus expansion
• Represent housing authority in federal class action, settlement and settlement administration regarding public housing utility allowances
• Represent private developer in challenge of preliminary plat application and associated environmental impact statement under SEPA
• Represent property owner at trial court and appellate levels in successful action to quiet title to rights under easement
• Represent property owners in utility easement acquisitions by local energy utility
• Represent Northwest-based food and drug retailer in condemnation litigation concerning shopping center master lease and subleases
• Represent port district on matters involving use of airport property, FAA compliance issues and condemnation
• Advise public agencies regarding the development and adoption of policies for disclosure of public records and records retention; provide mandated training in open public meetings and public records; advise regarding responses to public records requests; and represent in litigation as needed

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