By Mary O’KEEFE

The ongoing story of the development planned for a new gated community in the hills of La Tuna Canyon in Tujunga has taken a litigation turn with the recent filing of a lawsuit against the No Canyon Hills, a non-profit organization, and two individuals by developer Whitebird, Inc. 

The lawsuit’s complaints include trespassing and aiding and abetting trespassing. The lawsuit accuses No Canyon Hills of “orchestrated, ongoing trespasses by members, agents and associates.” It also alleges the No Canyon Hills representatives encouraged and instructed individuals to trespass. 

The filing states that the group disobeyed the posted “No Trespassing” signs. 

This is an area just above the Foothill (210) Freeway and for decades has been a walking path for hikers. 

Emma Kemp, the co-founder of No Canyon Hills, said she has been taken aback by the lawsuit, especially with the naming the two individuals along with the non-profit. 

“It’s one thing to sue a non-profit group but I think it’s quite another thing to sue individuals,” she said. 

That is just one thing that has upset Kemp – the individuals who have been named in the lawsuit are just young people who “care about the environment.” They, according to Kemp, recorded what they saw and reported it to the proper authorities.

This is an action numerous hikers do as they hike along the many trails in California, reporting everything from bird migration to vegetation, like the sighting of poodle-dog bush (the “fire flower” that appears after a wildfire that can cause severe irritation to the skin). 

The most recent findings in the area of the Whitebird proposed project was the finding of Crotch’s bumble bee (Bombus crotchii), a species that is designated in the California Endangered Species Act. 

This finding prompted the California Dept. of Fish and Wildlife to issue a letter stating Whitebird’s application for an incidental take permit, that allows the developer to build homes in the area of a protected species, was incomplete. 

This is just a series of delays for the project, which has spanned about two decades. The area where Whitebird wants to build its gated community with about 221 single-family homes that it calls Canyon Hills is in dispute with environmentalists and local residents. 

The project was approved  by the City of Los Angeles in 2005 but that approval will expire in October 2026, so the clock is ticking – loudly – for the project to begin. 

No Canyon Hills is a non-profit that was started due to concern over the project. 

Kemp said one of its concerns is the threat of fire. Since the EIR (environmental impact report) was issued in 2003 there have been several larger wildfires in and around the area. Fire departments have also newly implemented a “fire zone” program that categorizes wildfire threat in each area. The area in question at 7000 to 8000 La Tuna Canyon Road is categorized in an “extreme fire zone.” With the recent practice of insurance companies either canceling or increasing the cost of fire insurance, residents are more aware than ever of what an extreme fire zone indicates. 

Kemp pointed out that a lot has changed over the past 21 years since the last EIR was done. The project would cut through a wildlife corridor as well. 

A petition that was prompted by the request to conduct an update EIR has, as of Monday, 178,000 signatures and continues to grow. 

Kemp said the proposed project has reached beyond the Sunland-Tujunga and La Tuna Canyon areas. The hiking path in the region has been used for decades including those who hike to the Cross of San Ysidro. 

Kemp added that she has come across many hikers along the area in question but has never seen a No Trespassing sign.

“I have never seen a single No Trespassing sign,” she said. “And there’s no fencing – not even a wire that states it is private property.”

In addition, the lawsuit states that “despite Whitebird’s issuance of cease-and-desist demands” the No Canyon Hills organization has continued.

“I did not receive and was not aware of any cease or desist correspondence from the developer,” Kemp said. 

CVW reached out to the attorney for Whitebird but as of press time did not get a response. 

For more information on No Canyon Hills, visit nocanyonhills.org or to sign the petition visit https://tinyurl.com/26yehzp2.

This is an ongoing story that CVW will continue to follow.