Japanese Garden

| |

We Repeat Our Earlier Observation: Jaw Jaw Is Better Than War War on the Japanese Garden

Yesterday, this blog posted news that UCLA’s proposed sale of the Hannah Carter had been halted by a court decision.  A quote from the decision which sends the case for trial in the future: Plaintiffs sufficiently establish a reasonable probability of prevailing on the merits of this action based on their characterization of the transaction as an enforceable contractual exchange of consideration between UCLA and Edward Carter. In exchange for conveyance of the residential parcel, Carter accepted UCLA’s promise to keep the Garden Parcel as the Hannah Carter Japanese Gardens in perpetuity. Plaintiffs also establish that UCLA has breached the…

| |

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…

|

Japanese Garden Ruling Expected July 27

“Hannah Carter Garden Ruling Expected Today” (Which Means Tomorrow – July 27)  By Laura Coleman L.A. Superior Court Judge Lisa Hart Cole is today* expected to rule on whether to halt UCLA’s pending sale of the Hannah Carter Japanese Garden. Cole postponed judgment earlier this month on issuing a preliminary injunction opposing the sale, which was filed by the heirs of Hannah Carter on June 13, until she was able to determine whether the university is a charitable trust or a public entity. The Kyoto-style Bel Air garden, bequeathed to the university by former UC Regent Edward Carter with the stipulation…

| |

Lt. Gov. Newsom Sends Letter to Chancellor Block on Japanese Garden Sale

Lt. Governor Gavin Newsom sent a letter to Chancellor Block dated July 3 concerning the Hannah Carter Japanese Garden.  Newsom is an ex officio Regent.  The letter asks that public access to the Garden be preserved and that UCLA explore alternatives to the planned sale. As a prior post noted, at their recent meeting, the Regents reviews litigation on this matter.  The Newsom letter is dated before the meeting took place although it is possible that some advance material was circulated to Regents. You can read the letter below: Open publication – Free publishing – More gavin newsom You never…

| | | |

Regents’ Litigation Agenda: Behind Closed Doors

Behind closed doors on July 18th, the Regents will be discussing various items of litigation.  The doors are locked but we do know the items: AUTHORS GUILD, et al. v. HATHITRUST, et al. – The case has to do with digitalization of “orphan” works at university libraries, not just UC, a project generally supported by university libraries around the U.S.  “Orphan” works are older books that are out of print and either out of copyright or whose copyright holders cannot be determined.  BAKER, et al. v. KATEHI, et. al. – Mediation Scheduled – Constitutional and State Law Claims Arising from…

| |

Judge Calls Regents “Duplicitous” in Hannah Carter Japanese Garden Affair

The Beverly Hills Courier is carrying an online story about a court proceeding related to the proposed sale by UCLA of the Hannah Carter Japanese Garden: (excerpt) Los Angeles Superior Court Judge Lisa Hart Cole today postponed judgment on the fate of the Hannah Carter Japanese Garden until July 27. Cole directed attorneys for the heirs of Hannah Carter, who filed a preliminary injunction opposing the sale of the Kyoto-style Garden on June 13, to prepare a supplemental five-page brief on whether the UC Regents are a government entity or a charitable trust. Cole said determining whether the University is a…

| |

Is it unanimous? Are all the Regents in favor of saving the Japanese Garden?

There is an online petition opposing UCLA’s ongoing effort to sell the Hannah Carter Japanese Garden.  As you can see from the three screenshots below, the Regents seem to have signed on! Well, to be fair, they did seem to want to “test” the idea first before signing on.  Anyway, I am sure the petition sponsors will count them all in: [youtube=http://www.youtube.com/watch?v=Vsdtjdvt1ko&w=320&h=195] PS: What most likely happened was that someone in the Regents office wanted to track what was happening on the Garden issue and thought, incorrectly, that you had to sign the petition to get the information.

|

Warning Letter Sent to Chancellor, Regents, Real Estate Agent on Disclosure to Buyers of Japanese Garden

A group pushing for preservation of UCLA’s Hannah Carter Garden sent a letter to Chancellor Block, the Regents, and the real estate agent handling the sale noting that potential buyers should be warned about the controversy and possible roadblocks to modifying or removing the garden.  Real estate agents are required to disclose complications regarding sales to such buyers.  Readers of this blog will know that the sale has been delayed until August.  Excerpt from the letter:Should the University choose to proceed with the sale and transfer ownership to a private entity, the Coalition is prepared to submit an application and…

|

Throwing Stones in the Well?

The media release below was issued by UCLA yesterday: Campus wins court ruling on Japanese garden sale, extends sale process By Phil Hampton, May 17, 2012 A Los Angeles Superior Court judge has rejected a request for a temporary restraining order to block UCLA’s sale of the Hannah Carter Japanese Garden. While the May 17 ruling confirms UCLA’s right to proceed with the sale of the property at 10619 Bellagio Rd. in Bel-Air, UCLA announced that it will extend the period during which prospective buyers can submit bids. “Even though we are confident that all appropriate steps have been followed and…