Message #235:
From: AzTeC SW Archaeology SIG
To:   "'Matthias Giessler'" 
Subject: Skeletons Delay Construction
Date: Mon, 22 Jul 96 10:57:00 MST
Encoding: 36 TEXT


Here is an interesting URL -- http://www.calbar.org/2cbj/96mar/art20.htm 
 -- and an excerpt from this website: " California Bar Journal publishes this 
summary of important trials in California provided by Trials Digest 
Publishing Inc. For a free complete trial report on any case listed, call 
510/420-1800......8,000-year-old skeletons delay construction (Award: 
Defense): Plaintiff purchaser claimed defendant sellers concealed that the 
real property had archaeological significance. Plaintiff had to remove and 
rebury several Native American skeletons before proceeding with 
 construction (Eberlin v. Polonitza, San Diego County Superior Court)..."  I 
called the phone number and Todd Wolfe [ E-mail wolfe@trialsdigest.com; 
URL  http://www.trialsdigest.com/ ] sent me the trial summary.  I cant 
reprint the summary but here is the basic info:

Real Property Purchase-Sale: Residential Property; Fraud
San Diego County Superior Court: Eberlin v. Polonitza, No. 670822, Central. 
Arthur W. Jones.
Jury Trial: 11 days.  Verdict/Judgement: 11/9/95
Verdict/Judgement: Defense. Nonsuit granted as to the misrepresentation 
claims regarding the bluff-line.  Verdict in favor of all defendants on the 
concealment claim regarding archaeological significance. Vote: 11-1. 
 Deliberations:  5 hours.

The gist is that the plaintiff wished to tear down an existing home and 
build a new home with a view of the beach.  During the permitting procedure, 
the City of San Diego Planning Department  required the plaintiff to move 
his proposed new home further from the bluff line and cliffs overlooking 
Black's Beach.  They also required an archaeological survey of the property. 
 The survey revealed six 8,000-year-old (?) Native American skeletons which 
plaintiff was required to remove and rebury in such a manner as to 'not 
desecrate the spiritual sanctity of the area.'

[ To find out more about Black's Beach, try 
http://www.iaco.com/features/lajolla/lifeinlj/beaches/blacks.htm ]