David M. Berman

Equity Partner dberman@njdhs.com

Nichols Jackson, LLP
1800 Ross Tower
500 N. Akard St. Dallas, TX 75201
Phone: 214-965-9900
Fax: 214-965-0010
Southern Methodist University School of Law, Dallas, Texas, 1984 J.D., Doctor of Jurisprudence State University of New York, Stony Brook, New York, 1981 M.S., Master of Science Major: Policy Analysis and Public Management State University of New York, Stony Brook, New York, 1981 B.A., Bachelor of Arts Major: Sociology
Texas, 1984 U.S. Court of Appeals 5th Circuit, 1984 U.S. District Court Northern District of Texas, 1984 U.S. District Court Eastern District of Texas, 1984 U.S. Supreme Court
Practice Areas:
Municipal Law Litigation & Appeals Economic Development Substandard Building Enforcement Land Use and Zoning

More than 30 years’ experience representing cities throughout Texas. Currently serves as City Attorney for the City of Rowlett, Town of Cross Roads, Town of Double Oak, and the Town of Talty; Interim City Attorney in the City of Aubrey; General Counsel to the Civil Service Board for the City of Richardson and the North East Police Department; and City Prosecutor for the City of Coppell. Frequent speaker on a variety of subject matters affecting municipalities, including subdivision and land development, planning and zoning, and open government

Successfully represented several municipalities in high-profile civil litigation, including cases for inverse condemnation, eminent domain, breach of contract, and annexation; was and is instrumental in Rowlett’s Bayside Project, involving the acquisition and transfer of land and territorial jurisdiction, and the economic development, of the former Elgin Robertson Park area, involving an economic development project valued at over $1 billion

Member, Texas City Attorneys Association

Classes/Seminars Taught:
Land Use Law; Current Issues in Subdivision, Annexation and Zoning, National Business Institute
Plat and Subdivision Law in Texas, Lorman Education
Planning and Zoning, Lorman Education
Planning and Zoning, American Planning Association
Open Meetings and Public Information Act, Texas Municipal League
Public Works, CLE International

Professional Associations and Memberships:
El Centro College, Instructor, Business Law, 1985 – 1994 – Member
State Bar of Texas – Member

Representative Cases:
Rowlett/2000, Ltd. v. City of Rowlett, 231 S.W.3d 587 (Tex.App.–Dallas 2007, pet. den. ) Hubert v. Davis, 170 S.W.3d (Tex. App.–Tyler 2005, pet. den. ) Simmons v. Kuzmich, 166 S.W.3d 706 (Tex. App.–Fort Worth 2005 ) Hartsell v. Town of Talty, 130 S.W.3d 325 (Tex. App.–Dallas 2004, pet. den. ) City of Balch Springs, Tex. v. Lucas, 101 S.W.3d 116 (Tex. App.–Dallas 2002, no pet. ) George A. Fuller Co. of Tex., Inc. v. Carpet Services, Inc., 823 S.W.2d 603 (Tex.1992 ) Commerce, Crowdus & Canton, Ltd. v. DKS Const., Inc., 776 S.W.2d 615 (Tex. App.–Dallas 1989, writ ref’d, n.r.e. )