Appellate Court Verdict For Hannah Carter Garden Unique
Beverly Hills Courier, Laura Coleman, 10/14/13*
The 2nd Appellate District California Court of Appeal yesterday denied a request to publish the Court’s decision to uphold a preliminary injunction against the University of California, Los Angeles from selling the 1.5-acre Hannah Carter Garden. The traditional Japanese garden, which was bequeathed to the university in 1964 by former UC Regent Edward Carter sparked the ire of garden preservationists and the heirs of Hannah Carter, who subsequently filed suit against UCLA to maintain its promise, when the university undertook efforts to begin the process of selling the garden just months after Hannah Carter died – even though it had agreed to maintain the garden in perpetuity.
Last month, the Appellate Court of Appeal unanimously voted to uphold the preliminary injunction that L.A. Superior Court Judge Lisa Hart Cole issued on July 27, 2012, calling the university “duplicitous” in its attempt to sell the garden. Plaintiffs’ attorney Walter Moore of the Law Offices of John R. Walton told The Courier that publishing the opinion would have allowed lawyers in other disputes to site the case as a matter of precedent. “We think this opinion’s important enough and helpful enough to the public to be cited for publication,” Moore said…
*When you click on the link, it gives the date as 10/4/13 which is apparently a typo.
Yours truly can’t really interpret what happened. It is likely that the plaintiffs felt that publication would embarrass the university which has so far not fared well in this litigation.