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# Horses win first round in courtroom battle
- URL: https://www.smdp.com/horses-win-first-round-in-courtroom-battle/
- Published: 2001-12-17T16:00:00.000Z
- Updated: 2026-10-22T22:32:24.000Z
- Author: Carolyn Sackariason
- Tags: Crime, Santa Monica, #archive-import

*State says horse activity will be at park*

Facing an eviction within three weeks, horses at Will Rogers State Park will be allowed to stay at their home until at least February.

Superior Court Judge Jerry K. Fields issued a temporary stay last week after 35 plaintiffs filed suit to prevent the state from removing the horses at the park, located at the base of the Santa Monica Mountains.

The department of parks and recreation determined in October that the horse operation was significantly degrading the environment in the area. State officials announced that they would suspend overnight horse boarding so they can evaluate the environmental damage they say is caused by the horses. The state claims that the horses generate nitrogen, potassium and phosphorous, which ecologists fear are chemicals that are being carried by run-off into adjacent streams.

As a result, all horses were to be removed from the public property by Jan. 10\. Now they have until Feb. 13, when a court calendared hearing will consider the merits of the petitioners’ claims.

The lawsuit alleges that the department’s eviction notice is unlawful because the department has flouted the state’s promise in 1944 to Will Rogers’ widow that the park will be used “as a memorial and historical monument to the memory of the late Will Rogers.” The suit also claims that the department’s actions violate its own 1992 plan governing the park’s operations, which deemed an equestrian presence “essential to any realistic interpretation of Will Rogers’ life.”

But state officials say the removal of the horses is only temporary. Department of parks and recreation director Rusty Areias has always said equestrian activity should be part of Will Rogers’ operation, said Steve Capps, the deputy director of communications for parks and recreation.

“We at the state think it’s not about the merits of the case,” Capps said regarding the judge’s ruling. “We wanted the horses out before the rainy season because it only exacerbates the problem. It’s just not good for the park.”

> “We wanted the horses out before the rainy season because it only exacerbates the problem. It’s just not good for the park.” — — STEVE CAPPS Parks and recreation spokesman

State officials argue that private boarding shouldn’t be part of a public-funded park. Rather, they would like to see equestrian activity like public riding lessons, polo matches and trail riding — not a permanent place for people who can afford to board their horses there.

There are about 45 privately owned horses being boarded at Will Rogers State Historic Park, some of which are owned by prominent people like Maria Shriver, Jim Carey and Billy Crystal.

But boarders say it’s not the interests of a few celebrities that is at the heart of their argument. The lead plaintiff in the lawsuit filed against the state is an 8-year-old Los Angeles girl who took riding lessons at the park this past summer. The boarders fear the state’s eviction is the first step to outlawing any horse activity there in the future.

“I know Will would be proud of this community for challenging the state’s unilateral, indefinite and unlawful order,” said Kelly Harrison, a petitioner to the lawsuit and one of the boarders.

> “I know Will would be proud of this community for challenging the state’s unilateral, indefinite and unlawful order.” — — KELLY HARRISON Petitioner

State officials said last week that they are seeking members for a public advisory committee that will make recommendations for a new equestrian activity plan for the park, which will include a restoration plan for the historic ranch.

Although the judge allowed the horses to remain there for another month, Capps is confident that the judge will understand the state’s position when it can present its arguments in February.

“We are still confident that we will prevail,” he said. “Our lawyers think it will be a pretty cut and dry issue.”

![](https://storage.ghost.io/c/55/9f/559f9abc-8372-4a2e-8c2d-27386da4e363/content/images/2026/10/121701-02_01.jpg)

This horse, who wears a pad with the name ‘reckless,’ along with 44 other horses, are able to stay at their home at Will Rogers State Park until Feb. (Photo: Carolyn Sackariason/Daily Press)

*Originally published in the Santa Monica Daily Press print edition on December 17, 2001.* [Read the original PDF.](https://s3.us-east-1.amazonaws.com/smdp%5Fbackissues/121701.pdf?ref=smdp.com)