ELR Citation: ELR 20002
No(s). B177260 (Cal. App. 2d Dist. Dec 28, 2005)

A court reverses a lower court decision enjoining a city's peafowl management program that allowed a minimum peafowl population on certain city-owned parkland and canyon property. Residents opposing the program argued that the program violated restrictions in deeds by which the municipality obtained title to the parkland and canyon property, and the lower court agreed. But because the peafowl that inhabit the parklands and canyons are feral rather than domesticated creatures, they are not instrumentalities of the municipality. As such, the program does not violate the deed restrictions under which title to the parklands and canyons was taken.