Butler v. City of Palos Verdes Estates

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 municipality obtained title to the parkland and canyon property. The trial court granted the relief and enjoined the municipality from allowing peafowl to use the parklands and canyons.

We conclude that because the peafowl which inhabit the parklands and canyons are feral rather than domesticated creatures, they are not instrumentalities of the municipality. As a result, the peafowl management program does not violate the deed restrictions under which title to the parklands and canyons was taken.

FACTUAL AND PROCEDURAL BACKGROUND

This dispute concerns the presence of peafowl in the City of Palos Verdes Estates (City). Peafowl are not indigenous to the Americas. Decades ago, a mayor of the City brought six or eight peafowl to his home located in the Espinosa Circle area and…