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BUTLER v. CITY OF PALOS VERDES ESTATES

No. B177260.

37 Cal.Rptr.3d 199 (2005)

135 Cal.App.4th 174

Mary BUTLER et al., Plaintiffs, Respondents and Cross-Appellants, v. CITY OF PALOS VERDES ESTATES et al., Defendants, Appellants and Cross-Respondents.

Court of Appeals of California, Second District, Division Eight.

December 2, 2005.

Attorney(s) appearing for the Case

Kutak Rock, Edwin J. Richards, Paul F. Donsbach, Irvine, Andrew G. Davis, Omaha, NE and Jennifer L. Andrews, Irvine, for Defendants, Appellants and Cross-Respondents.

Law Offices of Acciani & Acciani, Robert D. Acciani, Torrance and Dorothy E. Acciani for Plaintiffs, Respondents and Cross-Appellants.

Cochran, Davis & Associates, Joan E. Cochran, Margret G. Parke, Palos Verdes Estates and Aya J. Pearson, Pasadena, for Friends of the Peacocks, as Amicus Curiae on behalf of Defendants, Appellants and Cross-Respondents.

BOLAND, J.

SUMMARY

A municipality maintained a program to manage the size of a feral peafowl population that inhabited parklands and canyon property owned by the municipality. Residents who opposed the presence of peafowl in the municipality sought to enjoin the peafowl management program, which permitted a minimum peafowl population, on the ground that the program violated restrictions in deeds by which the...

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