Tom Irvine

Tom Irvine has spent more than 30 years helping clients to deal with real estate, development, and government in the broadest sense.  Tom left one of the largest law firms in the country to continue his practice at the ASU Alumni Law Group.

“Continuing to assist clients in all of my areas of practice while assisting in developing an innovative training program for new lawyers has been an exciting next step,” Tom noted.

Chambers USA stated that while Tom is best known as a litigator, he “is also noted for his mastery of complex real estate transactions and other related issues such as land use controversies, to which his litigation skills can be readily applied.”  The publication ranked Tom in real estate law.

In addition to being ranked in Chambers, at the time Tom left the national law firm he had other peer reviewed rankings.

He has been rated AV® in Martindale; was recognized Best Lawyers in America for his expertise in municipal law (litigation and transactions) and Super Lawyers in real estate, construction and land use and zoning.  Tom was named as one of the People and Projects to Know in Arizona Commercial Real Estate 2015 by AZRE Magazine (and, previously in 2010).  He was the recipient of the “Distinguished Public Service Award for Justice” from The Superior Court of Arizona in Maricopa County.

Tom represents clients in many fields, businesses and industries in complex matters including: litigation, real estate transactions, condemnation/eminent domain, construction, public/private partnerships, governmental disputes, election law, referendum/initiative matters, procurement, development, local government matters, entitlement/zoning controversies, administrative law, commercial matters and appeals.

Tom has a broad base of experience assisting clients in dealing with the complexities, changes, and disputes they confront. For example:

  • Recently Tom served as Arizona real estate counsel in a $375 million transaction involving real estate and energy
  • He obtained a $14.3 million verdict for the property owner in a condemnation case involving a complex multi-use property.
  • Tom recently served as user’s counsel in the development of a 300,000 sf special purpose high rise building.
  • He was special counsel to the owner for the development and construction of the Chase Field/Bank One Ballpark Project and for a $600 million court and jail expansion construction program.
  • He is a co-author of the Arizona Construction Law Practice Manual, Third Edition, 2016, published by the State Bar of Arizona (chapter on Arizona’s complex claims against governments’ statute and case law).

From 2006 to 2015, Tom was a partner in Polsinelli PC, a national Am Law 100 law firm.  Tom continues to assist clients in his areas of practice by providing the highest quality of legal assistance within the mentoring and teaching environment of the ASU Alumni Law Group.

Tom’s busy and varied litigation practice is illustrated by the some of the appellate cases in which he was counsel of record:

Real Estate

Chandler v. Jackson, 148 Ariz. 307, 714 P.2d 477 (App. 1986) (adverse possession).

Pingitore v. Town of Cave Creek, 194 Ariz. 261, 981 P.2d 129 (App. 1998) (entitlements).

Arizona Department of Revenue v. Superior Court, 165 Ariz. 47, 796 P.2d 479 (App. 1990) (real property taxation, civil procedure).

Turf Paradise, Inc. v. Maricopa County, 179 Ariz. 337, 878 P.2d 1375 (App.1994) (real property taxation).

Constitutional Law

Aegis of Arizona v. Town of Marana, 206 Ariz. 557, 81 P.3d 1016 (App.2003) (entitlements/zoning, 5th amendment and § 1983).

Town of Gilbert v. Maricopa County, 213 Ariz. 241, 141 P.3d 416 (App. 2006) (special laws).

Real Estate, Telecomm Act of 1996, Tax Injunction Act

Qwest Corp. v. City of Surprise, 434 F.3d 1176 (9th Cir. 2006) (Telecomm Act of 1996 & taxation).

Qwest Corp. v. City of Globe, Arizona, 237 F.Supp.2d 1115, (D.Ariz.  2002) (Telecomm Act of 1996 & Tax Injunction Act).

Eminent Domain (Condemnation)

State v. Superior Court, 154 Ariz. 363, 742 P.2d 864 (App. 1987).

City of Casa Grande v. Arizona Water Company, 199 Ariz. 547, 20 P.3d 590 (App. 2001).

Salt River Project Agricultural Improvement and Power Dist. v. Sun M.P., L.L.C., 2007 WL 5435008, (Ariz.App. Div. 1 Sep 13, 2007) (utilities, easements, transmission lines).

Orsett/Columbia L.P. v. Superior Court, 207 Ariz. 130, 83 P.3d 608 (App. 2004) (takings power).

Governmental Powers

Romley v. Daughton, 225 Ariz. 521, 241 P.3d 518 (App. 2010).

Arpaio v. Maricopa County Board of Supervisors, 225 Ariz. 358, 238 P.3d 626 (App. 2010).

Israel v. Town of Cave Creek, 196 Ariz. 150, 993 P.2d 1114 (App. 1999) (annexation).

Dowling v. Stapley, 218 Ariz. 80, 179 P.3d 960, 230 Ed. Law Rep. 794 (App. 2008) (Dowling I).

Dowling v. Stapley, 221 Ariz. 251, 211 P.3d 1235 (App. 2009) (Dowling II).

Election Law

Nader v. Brewer, 386 F.3d 1168 (9th Cir. 2004).

Lubin v. Thomas, 213 Ariz. 496, 144 P.3d 510 (2006).

Hughes v. Martin, 203 Ariz. 165, 52 P.3d 197 (Ariz. 2002).

Jennings v. Woods, 194 Ariz. 314, 982 P.2d 274 (1999).

Clean Elections Institute, Inc. v. Brewer, 209 Ariz. 241, 99 P.3d 570 (2004).

Committee for Justice & Fairness v. Arizona Secretary of State’s Office, 235 Ariz. 347,

332 P.3d 94 (App. 2014).

Election Law – Initiative & Referendum

Sklar v. Town of Fountain Hills, 220 Ariz. 449, 207 P.3d 702 (App. 2008).

Stop Exploiting Taxpayers v. Jones, 211 Ariz. 576, 125 P.3d 396 (App. 2005).

Hancock v. McCarroll, 188 Ariz. 492, 937 P.2d 682 (App.1996)


Bunker’s Glass Company v. Pilkington, PLC, 206 Ariz. 9, 75 P.3d 99, 2003-2 Trade Cases P 74,124 (2003) (represented amicus party, American Antitrust Institute).

Domestic Relations

Cockrill v. Cockrill, 139 Ariz. 72, 676 P.2d 1130 (App. 1983).

Cases in Role Other than Attorney of Record

US West v. Arizona Corporation Commission, 185 Ariz. 277, 915 P.2d 1232 (App. 1996) (Expert witness, Principal Real Estate Investigator for the Arizona Corporation Commission staff, US West Real Estate Investigation, methodology affirmed in this case).

Member, Bar Hearing Committee 6H, Matter of Levine (Prin. Author of Committee Report), substantially affirmed in Matter of Levine, 174 Ariz. 146, 847 P.2d 1093 (1993).