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Friday, July 27, 2012

Sale of Japanese Garden Stopped by Court Ruling


From the Beverly Hills Courier website: Supporters of UCLA maintaining the Hannah Carter Japanese Garden received their largest victory to date when L.A. Superior Court Judge Lisa Hart Cole today ruled to grant a preliminary injunction halting the sale of the Bel Air garden.  The injunction enjoins the Regents from selling the parcel they contractually agreed to “maintain in perpetuity” in 1982 pending a definitive ruling on the lawsuit filed by the heirs of Hannah Carter to permanently halt the Garden’s sale.

…The 1.5-acre Garden has been at the forefront of controversy since UCLA undertook efforts to sell the Zen-like retreat and adjacent residence just one year after Carter’s death. Both properties were willed to the University by former UC Regent Edward Carter in 1964 and had been listed for sale by Coldwell Banker for a total of $14.7 million.

David Moran, the Manatt attorney representing UCLA, told Cole that the university was unlikely to proceed with the sale of the residence without the garden.  In anticipation of a possible trial, which Moran said could take up to a year, Cole required the defendants to post a $110,000 bond within 10 days, at which time the injunction will become effective…

…“A charitable trust is dependent on the intent of the donors,” [Judge Cole] said. “The conduct of the Regents…is contrary to the concept of how charitable trusts should be handled…

Full article at

Maybe it's time for UCLA and the Regents to stop and think it over.  Wouldn't a compromise that preserves the Garden be a better outcome than expensive further litigation?  Or are we just going to march forward regardless of consequences as on the hotel project?
video
UPDATE: The Los Angeles Times story on the court decision is at


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