WANA THE BEAR V. COMMUNITY CONSTRUCTION, INC.
180 Cal.Rptr 423 (Ct. App. 1982)
NATURE OF THE CASE: This was a dispute over classification of land as a cemetery.
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 descendent 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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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