Wana The Bear v. Community Construction, Inc.

180 Cal.Rptr 423 (Ct. App. 1982)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Community Construction (D) was issued a final subdivision map approval and began developing property for a residential tract of homes. D uncovered human remains on the property. There were over 200 bodies, and it was discovered that the grounds had been used as a burial site by the Miwok Indians until they were driven out in 1870. Wana The Bear (P) is a descendant of the Bear People Lodge of the Miwok Indians and related to some of the persons whose remains were at issue. P sued to stop excavation. The issue was if the land was a public cemetery under the 1872 cemetery law. The trial court found for D. P appealed.