Court denies Costa Serena appeal

By: PAUL SISSON - Staff Writer
Views of ruling mixed in senior community | Monday, March 3, 2008 11:01 PM PST ∞

OCEANSIDE -- It looks like a state appeals court won't keep kids out of Costa Serena.

On Thursday, the court denied an appeal by the neighborhood's architectural committee that sought to overturn a Nov. 30 ruling by Superior Court Judge Robert Orfield striking down the community's senior-only status.

The architectural committee, which operates as a de facto homeowner's association in the tidy neighborhood, has been fighting to keep younger folks from moving in, saying elderly residents don't want to contend with problems such as loud music, parties and traffic.

Many seniors have backed the committee, but others say it has tried to control the neighborhood with an iron fist and cannot legally prevent property owners from selling to whomever they wish.

The ruling Thursday came from the state's Fourth District Court of Appeal.

Dee Devine, president of the committee, said Monday that she and others who oppose the ruling believe that all is not lost.

"That ruling, it doesn't mean anything," Devine said. "Since it came out, we have spoken to three different lawyers who have all told us that these things are almost always denied on the first try."

The legal struggle began in 2006, when a group called the Costa Serena Owners Coalition sued the architectural committee, alleging that the 700-unit community's senior-only provisions were created illegally in the 1980s.

The coalition is led by Robert Perkins, a Carlsbad contractor and real estate investor who owns six properties in the neighborhood north of West Vista Way near MiraCosta College.

Perkins said Monday that he and other unnamed members of the coalition see the appellate court ruling as a final victory and as a sign that those younger than 55 can continue buying homes in the neighborhood of 800- to 900-square-foot duplexes.

"The record from the appellate court shows that it was summarily denied. That means that the court disagreed with every point they made," Perkins said. "It's over. They need to accept it and live with it."

Devine said she did not know what the committee's next legal option will be, but said community members plan to visit with their attorney to plan a strategy to continue the fight Orfield's ruling.

"We are definitely not seeing this as over," Devine said.

Devine said Monday that many Costa Serena residents in their 70s and 80s continue to worry daily about their community becoming more dangerous.

"Everybody here is really upset, because this is their life," Devine said.

But Perkins said that view is in the minority. He said several young families that have moved into Costa Serena since Orfield's ruling have been good neighbors.

"The ones we've seen moving in so far are good young people who have jobs. They're good neighbors," Perkins said.

-- Contact staff writer Paul Sisson at (760) 901-4087 or psisson@nctimes.com.

First name only. Comments including last names, contact addresses, e-mail addresses or phone numbers will be deleted. Attempts to misrepresent your identity or impersonate any person will not be approved. All comments are screened before they appear online, so please keep them brief. Comments reflect the views of those commenting and not necessarily those of the North County Times or its staff writers. Click here to view additional comment policies.