Barry Nutovic

Contact: 714.446.8742, Ext. 704

bnutovic@taorossini.com

Barry Nutovic is a senior associate at Tao Rossini, APC, where he advises public and private entities on matters involving real property, land use, construction, environmental law, and insurance. He represents clients in both transactional and litigation matters.

Mr. Nutovic has guided public entities through a broad array of real estate transactions. He is familiar with the complex laws governing school district real property acquisitions and dispositions, from eminent domain and schoolsite acquisition to the 7/11 process and alternative modes of disposition. His familiarity with these regulatory frameworks allows him to help clients select and execute the most effective transactional strategies to meet their objectives.

A highly effective litigator, Mr. Nutovic is known for his strategic and results-oriented approach to dispute resolution. While he works to avoid litigation when possible, he is a tenacious advocate in court when necessary, with a strong track record of delivering favorable outcomes.

Mr. Nutovic is especially recognized in the school facilities industry for his expertise with respect to school impact fees. He has guided numerous school districts through the intricacies of the Mitigation Fee Act, helping them increase fee levels and advising on steps required for legal compliance. He has successfully represented districts in disputes with developers over fee assessments and mitigation agreements.

Before practicing law, Mr. Nutovic served as an analyst for political campaigns, a state legislature, a governor’s office, and a public affairs firm. This background gives him unique insight into the political dynamics that often shape legal issues—particularly those involving public agencies.

Education

Mr. Nutovic received his Bachelor of Arts in History from the University of California, Berkeley, in 2013. He received his Juris Doctor from the University of Virginia School of Law in 2019. 

Blog Posts

• It’s That Time of Year Again: 100 Days Left to Account for Developer Fees
  9.18.24

• School Impact Fees: Make Sure Building Permits Are Not Issued Without Payment Of Fees
  7.9.24

• Sheetz v. County of El Dorado: SCOTUS Sets Legal Standard for Assessing Constitutionality of Developer Fees
  4.29.24

• State Allocation Board Increases Level I School Impact Fees, Decreases School Facility Program Grant Amounts
  1.25.24

• Maximizing School Impact Fees in Declining Enrollment Districts
  1.25.24

• Must You Refund Developer Fees? Failure to Account for Unexpended Fees Puts You at Risk
  1.24.24

• State Allocation Board Increases School Facility Program Grant Amounts
  2.7.23

• Court of Appeal Limits Use of Greene Act Reimbursement Funds
  11.2.22

• State Hardship Funding: Court of Appeal Rules Districts Can Keep Project Savings
  5.28.22

• Contractors, Consultants, & Insurance—Are You Really Covered?
  4.22.22

• State Allocation Board Increases Level I School Fees
  2.25.22

• 2022 Bid Threshold Annual Adjustment for K-12 School District Contracts
  1.3.22

• School Impact Fees—How do California’s New Housing Laws Affect School Districts?
  12.14.21

• Earthquake Safety—Would Your Buildings Withstand a Major Earthquake?
  10.5.21

Presentations

• Developer Impact Fees: The Origins, Purpose, & Limits
  Coalition for Adequate School Housing Webinar
  4.25.25

• School Impact Fees: Calexico Unified v. City of Calexico
  Coalition for Adequate School Housing Webinar
  1.25.24

• Changes in the Law
  2023 Coalition for Adequate School Housing Annual Conference
  2.24.23

Representative Litigation Matters

• CVUSD v. Lewis. Represented Chino Valley Unified School District (“CVUSD”) in arbitration against real estate developer Lewis Management Corporation (“Lewis”) over school impact fees owed under a mitigation agreement.  Lewis refused to pay fees and insisted that CVUSD owed refunds to Lewis.  Tao Rossini achieved a multimillion-dollar settlement for CVUSD shortly before the arbitral hearing.

• AESD v. Padre. Represented Anaheim Elementary School District (“AESD”) in litigation against Padre Associates, Inc. over Phase I Environmental Site Assessment that did not identify an historic landfill beneath an elementary school.  Tao Rossini secured a substantial settlement for AESD prior to trial.

• CJUSD v. Teri Kirpa. Represented Colton Joint Unified School District (“CJUSD”) in a nuisance action against an illegal truck terminal next door to an elementary school.  After the judge granted Tao Rossini’s motion for a preliminary injunction against terminal operations, the case settled and the terminal’s operations ceased permanently.

• BHUSD v. LAUSD. Represented Beverly Hills Unified School District (“BHUSD”) in a dispute with Los Angeles Unified School District (“LAUSD”) over title to Beverly Hills High School (“BHHS”).  Beverly Hills withdrew from the Los Angeles City High School District, a predecessor district to LAUSD, in 1935, but title to BHHS was not conveyed to BHUSD.  In 2019, LAUSD claimed ownership of BHHS.  Tao Rossini’s archival research demonstrated BHUSD’s entitlement to the property, after which LAUSD settled and ceased claiming ownership of BHHS.