Case Name: Wana the Bear v. Community Construction, Inc.
\nPlaintiff: Wana the Bear
\nDefendant: Community Construction, Inc.
\nCitation: 180 Cal. Rptr. 423<\/p>\n
Issue<\/strong>: Whether the burial ground, which was excavated by the defendant, achieved a protectable status as a public cemetery under the 1872 cemetery law by virtue as its prior stats as a public graveyard.<\/p>\n Key Facts<\/strong>: The defendant excavated a property to develop a residential community. The property had been used by the Miwok Indians between 1850 and 1870 before they were driven out. The property was known to be a burial ground and has been the subject of numerous archeological studies. The plaintiff brought an action to stop the defendant from excavating after uncovering many of the bodies. Holding<\/strong>: The burial ground did not achieve a protectable status as a public cemetery.<\/p>\n
\nA 1854 act held that a place where six bodies were buried constituted a \u201cpublic graveyard.\u201d In 1872, a new act added a prescriptive clause that required the land be \u201cused as a public cemetery continuously, without interruption, as a burial ground for five years.\u201d It further declared that \u201cno part of the code was retroactive unless expressly declared.\u201d The Miwoks were no longer using the burial ground in 1873, therefore it was not made a burial ground under this new code.<\/p>\n