imc indymedia

Los Angeles Indymedia : Activist News

white themeblack themered themetheme help
About Us Contact Us Calendar Publish RSS
Features
latest news
best of news
syndication
commentary


KILLRADIO

VozMob

ABCF LA

A-Infos Radio

Indymedia On Air

Dope-X-Resistance-LA List

LAAMN List




IMC Network:

Original Cities

www.indymedia.org africa: ambazonia canarias estrecho / madiaq kenya nigeria south africa canada: hamilton london, ontario maritimes montreal ontario ottawa quebec thunder bay vancouver victoria windsor winnipeg east asia: burma jakarta japan korea manila qc europe: abruzzo alacant andorra antwerpen armenia athens austria barcelona belarus belgium belgrade bristol brussels bulgaria calabria croatia cyprus emilia-romagna estrecho / madiaq euskal herria galiza germany grenoble hungary ireland istanbul italy la plana liege liguria lille linksunten lombardia london madrid malta marseille nantes napoli netherlands nice northern england norway oost-vlaanderen paris/Île-de-france patras piemonte poland portugal roma romania russia saint-petersburg scotland sverige switzerland thessaloniki torun toscana toulouse ukraine united kingdom valencia latin america: argentina bolivia chiapas chile chile sur cmi brasil colombia ecuador mexico peru puerto rico qollasuyu rosario santiago tijuana uruguay valparaiso venezuela venezuela oceania: adelaide aotearoa brisbane burma darwin jakarta manila melbourne perth qc sydney south asia: india mumbai united states: arizona arkansas asheville atlanta austin baltimore big muddy binghamton boston buffalo charlottesville chicago cleveland colorado columbus dc hawaii houston hudson mohawk kansas city la madison maine miami michigan milwaukee minneapolis/st. paul new hampshire new jersey new mexico new orleans north carolina north texas nyc oklahoma philadelphia pittsburgh portland richmond rochester rogue valley saint louis san diego san francisco san francisco bay area santa barbara santa cruz, ca sarasota seattle tampa bay tennessee urbana-champaign vermont western mass worcester west asia: armenia beirut israel palestine process: fbi/legal updates mailing lists process & imc docs tech volunteer projects: print radio satellite tv video regions: oceania united states topics: biotech

Surviving Cities

www.indymedia.org africa: canada: quebec east asia: japan europe: athens barcelona belgium bristol brussels cyprus germany grenoble ireland istanbul lille linksunten nantes netherlands norway portugal united kingdom latin america: argentina cmi brasil rosario oceania: aotearoa united states: austin big muddy binghamton boston chicago columbus la michigan nyc portland rochester saint louis san diego san francisco bay area santa cruz, ca tennessee urbana-champaign worcester west asia: palestine process: fbi/legal updates process & imc docs projects: radio satellite tv
printable version - js reader version - view hidden posts - tags and related articles

South Central Farmers injunction to save community garden is reversed by Court of Appeals-

by Tezozomoc (re-posted by Leslie) Monday, Jul. 11, 2005 at 6:07 PM
Southcentralfarmers@electrolandia.com (818) 255-1483

On June 30, 2005, the Court of Appeal reversed the Superior Court’s order granting the preliminary injunction. The South Central Farmers Feeding Families have 40 days from June 30 to petition the California Supreme Court to review the Court of Appeal’s ruling. If the Supreme Court declines to hear the case, the urban garden will be demolished in about three months. Concerned supporters our community is devastated by this result and we need your support. In the same manner that the Zapatista in Chiapas are being attack so will we. The Los Angeles Regional Food Bank has already begun to dismantle our leadership through low intensity cointel-pro strategies. We need you all to call and write letters to the following people we have attached.....

On June 30, 2005, the Court of Appeal reversed the Superior Court’s order granting the preliminary injunction. The South Central Farmers Feeding Families have 40 days from June 30 to petition the California Supreme Court to review the Court of Appeal’s ruling. If the Supreme Court declines to hear the case, the urban garden will be demolished in about three months. Concerned supporters our community is devastated by this result and we need your support. In the same manner that the Zapatista in Chiapas are being attack so will we.

The Los Angeles Regional Food Bank has already begun to dismantle our leadership through low intensity cointel-pro strategies.

We need you all to call and write letters to the following people we have attached.....

_______________________________

Since 1992, the 14 acres of property located at 41st and Alameda Streets in Los Angeles have been used as a community garden or farm. The land has been divided into 360 plots and is believed to be one of the largest urban gardens in the country.

The City of Los Angeles acquired the 14-acre property by eminent domain in the late 1980s, taking it from nine private landowners. The largest of these owners, Alameda-Barbara Investment Company (“Alameda”), owned approximately 80 percent of the site. The partners of Alameda were Ralph Horowitz and Jacob Libaw. The City originally intended to use the property for a trash incinerator, but abandoned that plan in the face of public protest organized by Juanita Tate and the Concerned Citizens of South Central Los Angeles.

As part of the eminent domain proceedings, the City granted Alameda a right of first refusal if, within 10 years, the City determined that the parcel formerly owned by Alameda was no longer required for public use. Following the uprising in 1992, the City set aside the 14-acre site for use as a community garden. In 1994, the City transferred title to the property by ordinance to its Harbor Department. When it received title to the property, the Harbor Department contracted with the Los Angeles Regional Foodbank to operate the property as a community garden; the Foodbank has been operating it as such since then.

In 1995, the City began negotiating with Libaw-Horowitz Investment Company (“LHIC”), the successor company to Alameda, to sell it the entire 14-acre property. The City’s negotiators sent LHIC a purchase agreement, and LHIC executed the agreement and returned it to the City in October 1996. The terms of the agreement expressly made it contingent on City Council approval. The City Council never approved the agreement, and the sale was not completed. The proposed agreement fixed the sale amount at ,227,200.

In 2002, LHIC filed suit against the City for not executing the purchase agreement. The City successfully demurred three times to LHIC’s complaint, but then agreed to sell the 14-acre property to Ralph Horowitz and his business partners for ,050,000. On August 13, 2003, the City Council discussed and approved the terms of the settlement in closed session, and then passed a motion to approve the settlement.

On September 23, 2003, the City sent the Foodbank a letter notifying it of the sale. The Foodbank, in turn, distributed the letter to the approximately 350 families that were using plots at the garden to grow their own food. The families using the plots are low income and depend heavily upon the food they grow to feed themselves. In addition to growing food for themselves, the people involved with the community garden hold Farmers' Markets, festivals and other cultural events for the public at large. After receiving the notice from the City informing them that the garden property was being sold to a private developer, the farmers formed an organization—South Central Farmers Feeding Families—and began organizing to retain their right to use the property. South Central Farmers Feeding Families appealed to the City Council to prevent the sale from going through. On December 11, 2003, however, the City transferred title to the property to Ralph Horowitz and the Horowitz Family Trust, The Libaw Family LP, Timothy M. Ison and Shaghan Securities, LLC.

On January 8, 2004, Ralph Horowitz issued a notice setting February 29, 2004, as the termination date for the community garden. In the meantime before February 29, members of the South Central Farmers Feeding Families obtained legal counsel (Hadsell & Stormer, Inc., and Kaye, Mclane & Bednarski LLP) and filed a lawsuit seeking to invalidate the sale of the property. The Los Angeles County Superior Court issued a temporary restraining order and later a preliminary injunction halting development of the property during the pendency of the lawsuit. Both the City and the Horowitz defendants appealed the Superior Court’s order granting the preliminary injunction.

On June 30, 2005, the Court of Appeal reversed the Superior Court’s order granting the preliminary injunction. The South Central Farmers Feeding Families have 40 days from June 30 to petition the California Supreme Court to review the Court of Appeal’s ruling. If the Supreme Court declines to hear the case, the urban garden will be demolished in about three months. The Court of Appeal ignored the law and sound public policy in overturning the injunction that was in place on the property. The Los Angeles City Charter allows the City to sell real property it determines that it no longer needs. Before selling property it no longer needs, the City must comply with various procedures designed to ensure that the City does not squander resources by selling property it needs. The intent of the Charter is that the City sell only property it no longer needs. The City’s sale of the garden property to the Horowitz interests did not comply with the procedures required for sale of property no longer needed by the City. The Court of Appeal held, nevertheless, that the City did not have to comply with these provisions because it had not determined that it no longer needed the garden property.

In other words, the Court of Appeal ruled that the City can avoid its own charter’s procedure for selling property simply by stopping short of determining whether the property it intends to sell is no longer needed by the City. By keeping the property it intends to sell designated as property it needs, the City can go ahead and sell it without having to comply with the charter provision for the sale of real property. The new procedure being approved by the Court of Appeal defeats the very purpose of the charter provision applying to the sale of real property. It encourages the type of abuse the charter provision applying to the sale of real property was meant to curtail.

Accomplishments by the South Central Farmers

1. When Michael flood and the food bank turned their backs on the poor people of South Central. It was the South Central Farmers that protested, marched, and attended city council meetings. In this process they were able to keep the garden open and challenge the city on the sale of the property. The food bank had an opportunity to place its expensive lawyers on the issue but they chose instead to fight against them and they continue to fight us.

2. The South Central Farmers began a process of eliminating the corruption and self-serving attitudes that the agents of the food bank had fostered for over 11 years. This included cronism, nepetism, and extornsion. In direct violation of the permit given by the city the agents of the food bank and the food bank allowed the sale of plots to poor families. The prices began from 250 all the way up to 1000 dollars per plot. This was hurrendous. The SCFs have been attempting to remove these elements from the community garden.

3. In Feb 15, 2004, the SCF had a general assembly where two leaders were chosen democratically. The rules for governing the community garden were discussed and the type of democracy was also decided, Majority rule. From then on the leadership was given certain executives privileges always governed by the consensus of the community.

4. From that time on the community garden and its rules have been governed by the participatory membership of the South Central farmers. They chose which rules they wanted to be governed by and how transgressions should be dealt with.

5. SCFs have developed community leaders from the community garden. Some of our members have become members of the local neighborhood councils. Some our farmers have also been encouraged to become Master Gardeners. Some of our Farmers have developed their own economic development. One farmer currently rents 6 acres elsewhere and has developed his own distribution system.

6. SCFs have developed opportunities for community members. We have developed the monthly farmers market.

7. The SCFs have addressed the needs of the women membership by providing them the space to have their own cooperative space where only women work.

8. We have sustained City Council attendance, twice a week, only matched by the anti-war movement of the sixties.

9. We have developed the spiritual needs of the community by providing a monthly catholic service and a monthly Christian service. This helps to address the needs of the community.

10. We provide an avenue for up and coming bands during our yearly anniversary celebration. We have had two of them and have showcases many up and coming community bands.

11. SCFs maintain an abundant and resilient seed stock that is grown in the community garden.

12. The SCFs have brought traditional aztec dancers and ceremonies that resonate the cultural traditions of the people who grow food.

13. The SCF have made the community garden available to its memberships to have a family space for fiestas. The SCfs have also made the community space available for cultural exchange programs. Native traditional rural teachers from all over Mexico have used the space to do cultural exchange.

14. The SCFs continue to educate their members on the democratic process and how it applies to their local government.



Send letter of support to the following individuals:

Antonio Villaraigoza

Honorable Mayor of Los Angeles

200 North Spring Street, Room 303

Los Angeles, CA 90012

mayor@lacity.org

Ed Reyes

200 N. Spring Street, Rm 410

Los Angeles, CA 90012

reyes@council.lacity.org

Wendy Greuel

200 N. Spring Street, Rm475

Los Angeles, CA 90012

greuel@council.lacity.org

Dennis P. Zine

200 N. Spring Street, Rm 450

Los Angeles, CA 90012

zine@council.lacity.org

Tom LaBonge

200 N. Spring Street, Rm 480

Los Angeles, CA 90012

labonge@council.lacity.com

Jack Weiss

200 N. Spring Street, Rm 440

Los Angeles, CA 90012

weiss@council.lacity.com

Tony Cardenas

200 N. Spring Street, Rm 455

Los Angeles, CA 90012

cardenas@council.lacity.org

Alex Padilla

200 N. Spring Street, Rm 465

Los Angeles, CA 90012

Padilla@council.lacity.org

Bernard Parks

200 N. Spring Street, Rm 460

Los Angeles, CA 90012

parks@council.lacity.org

Jan Perry

200 N. Spring Street, Rm 420

Los Angeles, CA 90012

perry@council.lacity.org

Bill Rosendahl

200 N. Spring Street, Rm 415

Los Angeles, CA 90012

rosendahl@council.lacity.org

Greig Smith

200 N. Spring Street, Rm 405

Los Angeles, CA 90012

smith@council.lacity.org

Eric Garcetti

200 N. Spring Street, Rm 470

Los Angeles, CA 90012

garcetti@council.lacity.org

Janice Hahn

200 N. Spring Street, Rm 435

Los Angeles, CA 90012

hahn@council.lacity.org

Fabian Nunez

State Capitol

P.O. Box 942849

Sacramento, CA 94249-0046

Assemblymember.Nunez@assembly.ca.gov

Senator Cedillo

State Capitol, Room 5100

Sacramento CA 95814

gil.cedillo@assembly.ca.gov

Supervisor Gloria Molina

856 KHHA

500 West Temple St.

Los Angeles, CA 90012

Molina@bos.co.la.ca.us

Supervisor Ivonne Burke

KHHA

500 West Temple St.

Los Angeles, CA 90012

seconddistrict@lacbos.org

Congresswoman MaxineWaters

10124 S. Broadway Suite 1

Los Angeles, CA 90003

Michael Flood

1734 E. 41st St.

Los Angeles, CA 90058-1502

email: mflood@lafoodbank.org

Phone: (323) 234-3030

Richard S. Wolf

Sotheby’s

9665 Wilshire Blvd.

Beverly Hills, CA 90212

Telephone: (310) 274 0340

Fax: (310) 274 0899

CORPORATE SECRETARY

Karl E. Block

Greenberg, Glusker, Fields, Claman, Machtinger & Kinsella LLP

1900 Avenue Of The Stars

21st Floor

Los Angeles, CA 90067

Karl J. Schulze

Schulze Haynes & Co.

Figueroa Tower

660 S. Figueroa Street, Suite 1280

Los Angeles, CA 90017

Dennis A. Winston

Moskowitz, Brestoff, Winston & Blinderman LLP

1880 Century Park East, Suite 300

Los Angeles, California 90067

Telephone: 310-785-0550

Fax: 310-785-0880

mbwblawfirm.com

Nishat Ahmed

Hopkins Michael Inc

9025 Wilshire Blvd

Beverly Hills, CA 90211

(310) 276-1028

Roy Allen

8109 1/2 S Broadway

Los Angeles, CA 90003

Darya Allen-Attar

City National Bank

741 ILiff

Pacific Palisades CA 90210

(310)888-6233

darya.allen-attar@cnb.com

Laurie Bolt

Nestlé USA

800 N Brand Blvd

Glendale, CA 91203

(818) 549-6000

Donald Goodman

Don Lee Farms

200 E. BEACH AVENUE

INGLEWOOD, CA 90302

(310) 674-3180

Maria Hayes-Bautista

UCLA School of Medicine

Center for the Study of Latino Health and Culture

924 Westwood Blvd. Suite 730

Los Angeles, CA 90024

Doug Levinson

Strategy That Rocks

12400 Wilshire Blvd, Suite 1500

Los Angeles, CA 90025

doug@strategythatrocks.com doug@strategythatrocks.com

Bonnie Lewis

Albertsons

17202 NORWALK BLVD.

CERRITOS CA, 90703

Rosey T. Miller

Cushman & Wakefield of California, Inc.,

10250 Constellation Blvd., Suite 2200

Los Angeles, CA 90067

Kenneth A. Pickar, Ph.D.

California Institute of Technology

Entrepreneurial Fellowship Program

1200 East California Blvd.

MC 136-93

Pasadena, CA 91125

pickar@caltech.edu pickar@caltech.edu>

Maita Prout

Holland & Knight LLP

633 West Fifth Street

21st Floor

Los Angeles, CA, 90071

Nick P. Saggese

Skadden, Arps, Slate, Meagher & Flom LLP

300 South Grand Avenue

Los Angeles, CA 90071

Phone: (213) 687-5000

Edgar R. Taylor

Taylor and Associates

433 N Camden Dr

Beverly Hills, CA 90210

(310) 285-1559

Timothy Lappen

Jeffer, Mangels, Butler & Marmaro LLP

1900 Avenue of the Stars

Los Angeles, CA 90067

(310) 203-8080

Report this post as:

LATEST COMMENTS ABOUT THIS ARTICLE
Listed below are the 10 latest comments of 10 posted about this article.
These comments are anonymously submitted by the website visitors.
TITLE AUTHOR DATE
Life in the city Leslie Monday, Jul. 11, 2005 at 11:23 PM
Property Rights Freedom Tuesday, Jul. 12, 2005 at 12:47 PM
Valued Land No to Mexicans Tuesday, Jul. 12, 2005 at 2:23 PM
This is disturbing Fredric L. Rice Tuesday, Jul. 12, 2005 at 4:30 PM
And the beaches, too Leslie Tuesday, Jul. 12, 2005 at 7:55 PM
Regarding Property Rights johnk Wednesday, Jul. 13, 2005 at 12:45 AM
Property Rights Freedom Wednesday, Jul. 13, 2005 at 4:26 PM
Response johnk Wednesday, Jul. 13, 2005 at 5:27 PM
Totaly Wrong Freedom Thursday, Jul. 14, 2005 at 3:56 AM
Beaches Nonsense Freedom Thursday, Jul. 14, 2005 at 1:12 PM

Local News

Change Links September 2018 posted S02 10:22PM

More Scandals Rock Southern California Nuke Plant San Onofre A30 11:09PM

Site Outage Friday A30 3:49PM

Change Links August 2018 A14 1:56AM

Setback for Developer of SC Farm Land A12 11:09PM

More problems at Shutdown San Onofre Nuke J29 10:40PM

Change Links 2018 July posted J09 8:27PM

More Pix: "Families Belong Together," Pasadena J02 7:16PM

"Families Belong Together" March, Pasadena J02 7:08PM

Short Report on the Families Belong Together Protest in Los Angeles J30 11:26PM

Summer 2018 National Immigrant Solidarity Network News Alert! J11 6:58AM

Watch the Debate: Excluded Candidates for Governor of California M31 5:20AM

Change Links June 2018 posted M28 7:41AM

The Montrose Peace Vigil at 12 Years M22 8:01PM

Unity Archive Project M21 9:42AM

Dianne Feinstein's Promotion of War, Secret Animal Abuse, Military Profiteering, Censorshi M17 10:22PM

CA Senate Bill 1303 would require an independent coroner rather than being part of police M10 9:08PM

Three years after OC snitch scandal, no charges filed against sheriffs deputies M10 8:57PM

California police agencies violate Brown Act (open meetings) M02 8:31PM

Insane Company Wants To Send Nuke Plant Waste To New Mexico A29 11:47PM

Change Links May 2018 A27 8:40AM

Worker-Owned Car Wash on Vermont Closed A27 5:37AM

GUIDE TO REBEL CITY LOS ANGELES AVAILABLE A13 12:39AM

lausd whistle blower A11 6:58AM

Website Upgrade A10 10:02AM

Help KCET and UCLA identify 60s-70s Chicano images A04 8:02PM

UCLA Luskin: Casting Youth Justice in a Different Light A02 6:58PM

Change Links April 2018 A01 6:27PM

More Local News...

Other/Breaking News

Antrhopocène, le grand effondrement S19 9:53AM

Creative Destruction Hack Diamonds Windows/iOS/Android - Creative Destruction Generator S19 12:51AM

Abolir l'économie S18 11:18AM

The Dictatorship of Corporations S17 5:26PM

18 Lethal Consequences Of Hunting S17 3:13PM

Paraphysique de l'outplacement déontologue S15 6:51AM

Creative Destruction Hack Mod Generator S15 3:49AM

Shopping du bashing S14 8:42AM

After Lehman Brothers, Experts Say Global Financial Crisis Can Happen Again S13 8:28PM

“Animaniacs in Concert!” Starring Voice Legend Rob Paulsen S12 9:30PM

Probabilités de fin d'humanité S12 6:49AM

Florida Area of Migrant Farmworkers Denied Right to Construct Health Clinic near NaplesCIW S11 2:57AM

Propagande de virus, virus de propagande S10 7:34AM

Steer clear of work morality! S09 12:10PM

Sweatshop Lodge Ceremony Continues in US Fed Prisons Led by Inmates S08 6:17PM

Paraphysique de l'origami S08 7:11AM

The Shortwave Report 09/07/18 Listen Globally! S06 11:23PM

August 2018 Honduras Coup update S06 12:28PM

Du réussissement putréfié S06 10:55AM

Brett Kavanaugh Filled The 5th Circuit With Execution Judges S06 6:14AM

Log S06 4:25AM

Augusta Georgia Woman Gets 5 Year Prison Sentence for Writing About Russians Crime Acts S05 8:29AM

Paraphysique de contextualité S05 8:29AM

Crisis Regulation in Global Capitalism S03 3:39PM

Ex-voto de réification S03 10:24AM

Please Oppose Warmonger, Execution and Torture Supporting Bush Operative Brett Kavanaugh A31 10:45PM

Paraphysique d'exploitation occultation A31 10:24PM

Ryan Zinke Is Charging Taxpayers For A Trophy Hunters' Council A31 2:10PM

More Breaking News...
© 2000-2018 Los Angeles Independent Media Center. Unless otherwise stated by the author, all content is free for non-commercial reuse, reprint, and rebroadcast, on the net and elsewhere. Opinions are those of the contributors and are not necessarily endorsed by the Los Angeles Independent Media Center. Running sf-active v0.9.4 Disclaimer | Privacy