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triallegislative intent

defendantlegislative intent

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Wana the Bear v. Community Construction, Inc., 128 Cal.App.3d 536, 180 Cal.Rptr. 423

Facts

The case arose when Community Construction, Inc. began developing a residential tract on land that was known to be a burial ground for the Miwok Indians. In 1979, human remains were uncovered during excavation, and the developer continued the work, disinterring over 200 remains. Wana the Bear, a descendant of the Miwok, filed suit on July 1, 1980, to stop the development, claiming the site was a cemetery entitled to protection under California law.

On August 6, 1979, a final subdivision map was approved by the Stockton City Council and defendant went about excavating the subject property in the course of developing a residential tract. In the fall of 1979, defendant uncovered human remains on the property. Defendant continued developing the property, disinterring the remains of over 200 human beings. The burial ground had been used by the Miwok Indians until they were driven out of the area between 1850 and 1870.

Issue

The main legal issue was whether the burial ground achieved a protectable status as a public cemetery under the 1872 cemetery law due to its prior status as a public graveyard.

The central issue in this case is whether the burial ground achieved a protectable status as a public cemetery under the 1872 cemetery law by virtue of its prior status as a public grave yard. We hold that it did not.

Rule

The court applied the legal principles that a burial ground must be continuously used as a public cemetery for five years to achieve protectable status, and that the 1872 cemetery law did not retroactively apply to burial sites that had ceased to be used as cemeteries.

The 1872 law did not simply reenact section 4 of the 1854 act (making a place where six bodies were buried a 'public grave yard'). It added a prescriptive use condition, vesting title of the grave yard in the city or village using it only when the land was 'used as a public cemetery … continuously, without interruption, as a burial-ground for five years.'

Analysis

The court analyzed the historical context of the burial ground and determined that it had not been used by the Miwok Indians since the 1870s, which meant it did not meet the criteria for being classified as a public cemetery under the 1872 law. The court emphasized that the legislative intent was clear in requiring continuous use for a specific period to establish cemetery status.

Conclusion

The court affirmed the trial court's judgment, concluding that the burial ground did not qualify for protection under the California cemetery law.

The judgment is affirmed.

Who won?

Community Construction, Inc. prevailed in the case because the court found that the burial ground did not meet the legal definition of a cemetery under California law.

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