Community Construction (D) was issued a final subdivision map approval and began developing property for a residential tract of homes. D uncovered human remains on the property. There were over 200 bodies, and it was discovered that the grounds had been used as a burial site by the Miwok Indians until they were driven out in 1870. Wana The Bear (P) is a descendant of the Bear People Lodge of the Miwok Indians and related to some of the persons whose remains were at issue. P sued to stop excavation. The issue was if the land was a public cemetery under the 1872 cemetery law. The trial court found for D. P appealed.

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