ENCINO : Fernandeno Request for Order Is Denied

A local Native American tribe suffered a legal setback this week in its efforts to protect what its members say is a burial ground.

A Los Angeles Superior Court judge Tuesday refused to grant the Fernandeno request for an order that would have barred Los Angeles from allowing excavation of an Encino property where the tribe claims its ancestors are buried.

The Fernandeno representatives had sought an order to prevent the city from granting development permits for the underground portion of the property at the northeast corner of Ventura Boulevard and La Maida Street.

William Jennings, the Fernandenos’ attorney, said that Judge Robert O’Brien denied the request because there was no dispute to resolve. O’Brien ruled that no developer had applied for a permit to build on the property, and if one did so, the city might refuse to grant it, Jennings said.

“Obviously, we were disappointed,” he said. “We were hoping the judge would get to the merits of the case instead of saying that we didn’t have an argument.”

Deputy City Atty. Susan Pfann, who is representing the city, could not be reached for comment Wednesday.

The request for a writ of mandate was made in a suit filed jointly by the Fernandenos, who claim 800 members in the San Fernando Valley, and Albert Cohen, a developer.

It alleges that Cohen lost money when the city allowed his plan to go forward even though city officials knew the project would probably be halted because of the site’s archeological significance.

According to the complaint, the property is part of the lost Native American village of Encino, marked by a burial site unearthed in 1984 after a long search by archeologists.

Jennings noted that O’Brien had suggested there may be a conflict of interest in Jennings’ representing both the Fernandenos and a former would-be developer of the site. Although he does not believe there is a conflict, Jennings said, he may withdraw as attorney for one party or the other.

Jennings said he does not believe the city will voluntarily block excavation at the site. He said the city’s response to the lawsuit appears to reject the Native Americans’ argument that that the city lacks the authority to allow excavation of the property.

Jennings said he will discuss the next step with the Fernandenos, but will probably ask the city to clarify its position on whether it will allow developers to dig on the property. If Los Angeles claims that it has the right to do so, Jennings said he will probably bring the matter back to the Superior Court to show that there is a dispute.