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Editor’s note: Corrections were made to clarify that the property discussed in the lawsuit is not leased to Woodland and is public property owned by LLESD.
Update: On May 22, 2024 Ladera residents filed an amended complaint to include Woodland School and Head of School Jennifer Warren in the lawsuit.
The amended suit states that Woodland School’s exclusive use of the play areas deprives the Ladera community from “speaking, gathering, assembling, meeting, renting, using, posting signs, and/or communicating on the limited-public-forum play areas.”
After Warren complained to the district that the public was not respecting Woodland’s recreational license to the play areas, the district gave Warren permission to “use ‘whatever means necessary’ to prevent community use of the play areas and endowed Jennifer Warren and Woodland with permission to act on behalf of LLESD (Las Lomitas Elementary School District), the LLESD board as relates to the play areas,” according to the suit.
Ladera residents filed claims against Warren and Woodland School for “damages for deprivation of rights under the first and fourteenth amendment.” The lawsuit states that by Woodland restricting public access to the recreational property, Warren and the private school are violating the community’s “rights to equal protection by distinguishing and discriminating between classes of speech allowed.”
Ladera residents are taking the Las Lomitas Elementary School District to court. The lawsuit alleges that the school district has offered Woodland School, located at 360 La Cuesta Drive, access to public property owned by LLESD at no cost, to which Woodland has restricted the community’s access to. A federal judge has already thrown out the residents’ case for a temporary restraining order, which would force the district to withdraw authorization of the school’s use permit application for the site.
LLESD is currently leasing a portion of their property to Woodland which the private school won a bidding to lease for $710,000 in 2011. The second portion of the property is a public recreational area accessible for public use. Despite it being public property, the district has allowed Woodland to use the area and control public access to it.
Ladera residents filed the lawsuit on April 23 which states that “Woodland erected signs around the LLESD property and began kicking taxpayers and public school students off the property, accusing them of trespass, abuse and harassment.” The complaint states that LLESD and Woodland’s lease agreement violates “the Civic Center Act because it restricts all public and community use of the play areas … prevents the play areas from being a civic center or nurturing community development.”
When Woodland won the bid, LLESD also included a 25-year exclusive license to use the play areas for free along with the lease. The license allows the private school Woodland to use the property during weekdays until 3:30 p.m. all year except for school holidays, according to the complaint.
“This is a classic land use dispute that is typically resolved at the level of the Planning
Commission or Board of Supervisors, with the losing party filing an action in Superior Court if still dissatisfied,” said U.S. District Judge William Orrick notes in a May 1 ruling over the temporary restraining order. “I am unaware of authority that would allow me to interfere with that process in this circumstance. The balance of equities does not tip in plaintiff’s favor for a federal court to act here, and the public interest supports following state-authorized procedures.”
The school district filed an opposition statement to the temporary restraining order, claiming it would be “legally improper” considering Woodland’s CUP has not been considered by the county yet. The counterclaim also states that the injunctive relief would intervene with the district’s proper policies as a landowner and take away their role in managing land transactions, according to the suit.
The district also claims that terminating Woodland’s lease would cut off a portion of annual funds that the district relies on.
Attorney Susanna L. Chenette filed the suit on behalf of the Ladera residents. Resident Trevor Oliver, who has been outspoken about his concerns about access to the field, signed the court filing. The suit names LLESD, district governing board and Superintendent Beth Polito as defendants.
According to the Naylor Act, public school districts must offer recreational use property to public agencies at below-market rate before opening the bidding process to private entities.
“You can’t make a contract that violates the law,” said Chenette.
The district declined to comment on the suit for this story, but the district argues in legal documents in response to the Ladera community’s complaint, that residents erroneously make a case against the district rather than Woodland School, the entity that filed the conditional use permit application.
Through an investigation, Ladera residents found that there had been multiple cases of “illegal gifts to Woodland” which were allowed by the LLESD school board and Polito, according to the suit. In addition to the free license for the play areas and the two separate gifts of additional leased area, LLESD then made a gift in executing Woodland’s CUP application, according to the court filing.
The suit alleges that “a Woodland representative bragged in a publicly posted video about Woodland paying below-market-rate rent to LLESD and about how no one at LLESD is paying attention, allowing Woodland to do whatever it wants with LLESD’s property.”
Ladera residents brought up the possibility of a suit in November 2023. They expressed their disapproval for how the district is handling this issue during prior school board meetings. They also started a website to raise awareness about their concerns and a petition, which they say has been signed by 400 people, according to the suit.
On March 7, Woodland School filed for a conditional use permit from San Mateo County, including a request to approve a new 6-foot tall fence along the perimeter of the campus for security and a new parking lot.
Documents, obtained by The Almanac, filed in 2023 by Woodland School in regards to updating its CUP:
The San Mateo County Planning Commission was scheduled to be review Woodland’s CUP on May 8, but the hearing has been postponed to May 22, according to San Mateo County Planner Luis Topete.
According to Woodland’s Head of School Jennifer Warren, the school pays about $80,000 a month under the terms of the 2012 lease, amounting to almost $1 million per year. The lease also holds Woodland responsible for maintenance of the play area and field to which it has additionally invested another $1 million toward.
In December 2017, the lease was amended to extend school hours to 7:30 a.m.-5 p.m., closing off the area to the public after school. The current lease expires in 2038.
Woodland School’s updated 2013 CUP:
The LLESD governing board discussed the lease with Woodland School during a Wednesday, May 8, closed session meeting. No action was reported out of closed session. Before the session began, Ladera residents spoke during public comment about their concerns about access to the property.
Editor’s note: This story was updated to reflect the judge’s May 1 ruling.
