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?
UPDATE: The Los Angeles Times story on the court decision is at
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