BHUSD vs. LAUSD: Who will win the legal battle over “ownership” of Beverly High?
The BHUSD has filed a quiet title action against the Los Angeles Unified School District, after the latter claimed to own a majority of Beverly High’s campus.
Beverly High was a part of the Los Angeles City High School District – LAUSD’s preceding district – until residents voted to transfer control to the Beverly Hills High School District – the BHUSD’s preceding district – in 1934. But the title to Beverly High property was never transferred.
Metro discovered the title’s absence after it filed an eminent domain action to gain ownership of Beverly High’s campus, in order to build its Purple Line extension beneath it. It informed the BHUSD that LAUSD may have a claim over a portion of Beverly High known as parcel three, which comprises the front of campus.
The BHUSD later notified the LAUSD and requested it to help clear up the ambiguities surrounding who owns parcel three by quiet claiming its interest in the property. But the LAUSD is now claiming ownership of the property, which could allow it to obtain a portion of Metro’s owed eminent domain money to the BHUSD.
“BHUSD has poured hundreds of millions of dollars into renovating and upgrading the facilities and abandoning old oil wells, but LAUSD only seeks the eminent domain money and takes no responsibility for the state funds, Measure E, or Measure BH money that has been put into the campus that LAUSD now claims,” the district said in a press release.
According to the press release, Pillsbury, Winthrop, Shaw and Pittman – the LAUSD’s counsel – said the LAUSD may be inclined to pay for the costs spent on Beverly High if it is given complete ownership and control of the high school.
LAUSD Chief Communications Officer Shannon Haber said the BHUSD’s attempts to portray LAUSD as a villain are disingenuous and false.
“To be clear, Los Angeles Unified is a defendant in both the eminent domain case filed by Los Angeles County Metropolitan Transit Authority and now the quiet-title action filed by BHUSD,” Haber said. “In fact, title documents show that Los Angeles Unified owns a portion of the Beverly Hills High School property.”
She added that LAUSD is a public school district like BHUSD and cannot convey title because an attorney demands it.
According to the quiet title action, the BHUSD has requested that it obtain the title to parcel three, that LAUSD does not have any title or interest in parcel three and payment for its attorney and litigation expenses.
Attorney Ronald Richards, who does not represent the BHUSD, said the city could make a strong adverse possession case. An adverse possession claim essentially allows a group or person to gain legal ownership of a property, despite not having its legal title, due to continuous occupation or possession of it.
“It’s not a frivolous position, it’s just a very mean-spirited position for a public entity to try to basically steal land from another public entity,” Richards said.
Richards said the LAUSD’s argument is disingenuous
“I think they’re going to lose or they’re going to try to extract some form of the eminent domain payment,” Richards said. “It's legal blackmail at its best.”
BHUSD Board of Education President Isabel Hacker said it's disappointing that after 85 years, LAUSD would say that much of Beverly Hills High School is theirs.
"Their attorney’s position is not supported by LAUSD’s April 12, 1934 board meeting minutes where LAUSD approved the creation of Beverly Hills Unified School District and transfer of the high school, the election of July 2, 1934 where the voters elected to create Beverly Hills Unified School District and a final determination by the State Superintendent of Schools on July 1, 1935," Hacker said.