In Memoriam
Jay S. Dushoff, Esq.
January 29, 1934 - March 21, 2012
Phoenix, Arizona
The Owners' Counsel of America is greatly saddened by the death of our fellow Member and friend, Jay S. Dushoff. A nationally recognized condemnation and property rights attorney, Mr. Dushoff passed away on March 21, 2012 in Phoenix, AZ after battling prostate cancer.
Mr. Dushoff's legal career spanned more than a half-century and included the representation of property owners in more than 5,000 eminent domain cases throughout Arizona and several other states. He focused his practice in the areas of eminent domain, inverse condemnation, commercial litigation, real estate and valuation litigation, land use and zoning. Mr. Dushoff not only witnessed the evolution of condemnation law, but contributed to the development of this important legal specialty as a practitioner, speaker and author.
In 2009, Best Lawyers honored Mr. Dushoff's extraordinary accomplishments, during its 25th Anniversary Event in Atlanta, Georgia. The event celebrated the distinguished careers of 1,397 lawyers, including Jay, who had been listed in the publication since its inception in 1983.
Mr. Dushoff graduated from the University of Pennsylvania (B.A., 1954), Phi Beta Kappa. He obtained his law degree from Harvard University (J.D., cum laude, 1957).
Jay Dushoff was a dynamic individual and a committed and passionate attorney. We will miss his enthusiasm for private property rights, his wisdom and counsel, but most of all, his friendship.
A snapshot of Mr. Dushoff's exceptional career is highlighted below:
- Handling over 5,000 condemnation cases in several states, representing only property owners who are being condemned.
- Involvement in a battle concerning what lands would be placed within the boundaries of the Phoenix Mountain Preserve.
- Zoning cases including confrontations involving residential density of the former Camelback Hospital site in central Phoenix, and a dispute over a potential Wal-Mart site in Glendale.
Bar & Court Admissions
Arizona, 1958
U.S. Supreme Court, 1966
Associations & Memberships
- State Bar of Arizona
- American Bar Association
- Maricopa County Bar Association
- Association of Trial Lawyers of America
- American Board of Trial Advocates
- Valley Citizens League, Board of Directors, 1990-Present
- Lambda Alpha International, Phoenix Chapter, President, 1994
- State Bar of Arizona, Civil Practice and Procedure Committee 1974-1991
- State Bar of Arizona, Civil Practice and Procedure Committee, Chair 1980-1982
- State Bar of Arizona, Civil Appellate Rules Subcommittee, Chair 1969-1978
- American Bar Association, Real Property Committee 1964-1987
Honors & Awards
Listed in "The Best Lawyers in America", Woodward/White, Inc., since its inception in 1983
A-V Peer Review Rating, Martindale-Hubbell
Phi Beta Kappa, Harvard University, 1957
Representative Cases
City of Phoenix v. Mangum, 912 P.2d 35 (Ariz.App. Div. 1 1996)
City of Phoenix v. McCullough, 536 P.2d 230 (Ariz.App. Div. 1 1975)
Dushoff v. Phoenix Co., 528 P.2d 637 (Ariz.App. Div. 1 1974)
State ex rel. Herman v. Tucson Title Ins. Co., 420 P.2d 286 (Ariz. 1966)
Long v. Mertz, 407 P.2d 404 (Ariz. App. 1965)
Rayburn v. State ex rel. Willey, 378 P.2d 496 (Ariz. 1963)
State ex rel. Willey v. Whitman, 370 P.2d 273 (Ariz. 1962)
Lake Mead Land & Water Co. v. Phoenix Title & Trust Co., 533 P.2d 711 (Ariz.App. Div. 1 1975)
Citizens for Orderly Development and Environment v. City of Phoenix, 540 P.2d 1239 (Ariz. 1975)
Arizona Foundation for Neurology and Psychiatry v. Sienerth, 477 P.2d 758 (Ariz.App. Div. 1 1970)
Published Works
An Irreverent Look at Highway Proximity Damage Decisions, (Co-Author), Southwestern Legal Foundation Annual Institute on Planning, Zoning and Eminent Domain, 1993
When Eminent Domain 'Working Rules' Don't Work, (Co-Author), Appraisal Journal, July, 1991
Valuation of Power Line Easements, (Co-Author), Southwestern Legal Foundation Annual Institute on Planning, Zoning and Eminent Domain, 1989
Public Use and Necessity - The Right to Take Revisited, (Co-Author), Southwestern Legal Foundation Annual Institute on Planning, Zoning and Eminent Domain, 1988
Speaking Engagements
Special Benefits and Severance Damages, ALI-ABA Eminent Domain and Land Valuation Litigation, New Orleans, Louisiana, 1993
Settlement Techniques, Examination and Cross Examination, ALI-ABA Eminent Domain and Land Valuation Litigation, Fort Lauderdale, Florida, 1992
Settlement Techniques, Examination and Cross Examination, ALI-ABA Eminent Domain and Land Valuation Litigation, Tucson, Arizona, 1991
Consequential Damages - Too Inconsequential for Compensation?, Municipal Legal Studies Center, Southwestern Legal Foundation Annual Institute on Planning, Zoning and Eminent Domain, Dallas, Texas, 1991
Trial Tactics from Viewpoint of Owner, Southwestern Legal Foundation Annual Institute on Planning, Zoning and Eminent Domain, 1983
Severance Damages, ALI-ABA Eminent Domain and Land Valuation Litigation, Scottsdale, Arizona, 1990
Power Line Easement Valuation, ALI-ABA Eminent Domain and Land Valuation Litigation, Fort Lauderdale, Florida, 1989
Trial Strategy, Jury Selection, Opening Statements, Final Arguments and Case-in-Chief, ALI-ABA Eminent Domain and Land Valuation Litigation, Scottsdale, Arizona, 1987
Trial Strategy, Jury Selection, Opening Statements, Final Arguments and Case-in-Chief, ALI-ABA Eminent Domain and Land Valuation Litigation, New Orleans, Louisiana, 1988
Opening Statements and Closing Arguments, ALI-ABA Eminent Domain and Land Valuation Litigation, San Diego, California, 1986
Transmission Lines and Health Hazards, Lawful and Unlawful Exercises of Eminent Domain Special Use, Dates of Valuation, San Diego, California, 1984
