OCEANSIDE -- A state appeals court Wednesday preserved the seniors-only status of the Costa Serena community by reversing a lower court decision.
The three-judge panel determined the trial court erred in 2007 when it invalidated a restriction requiring residents of the hillside community near MiraCosta College to be at least 55 years old.
"I consider this ruling to be a home run," said Jeff Miller, an attorney representing the Costa Serena Architectural Committee, a group that has sought to preserve its senior character.
Costa Serena is made up of nearly 700 small homes. The Architectural Committee enforces the neighborhood restrictions, which include the age requirement. The group moved to extend the restrictions in 2006 before they expired.
A rival homeowners group called the Costa Serena Owners Coalition challenged that effort in court. It claimed the restrictions hadn't been properly renewed.
The coalition's attorney didn't return a call for comment Wednesday.
However Robert Perkins, a spokesman for the group, said the fight wasn't over.
"We're not going away if that's what they think," he said.
In its 45-page opinion, the appeals court said the Architectural Committee had demonstrated that a majority of the property owners wanted the restrictions extended.
Dee Devine, the committee chair, said Wednesday the ruling was a relief to residents who had worried about losing their quality of life.
"The people I've called are so elated, they just scream and yell," she said.
Devine said several people younger than 55 who have moved into the neighborhood shouldn't be allowed to stay. She estimated that two dozen homes had non-senior residents.
Perkins put the number at closer to 20 to 30 percent.
"They're not going anywhere," he said. "That's absurd."
Miller declined to comment on how the appeals court opinion could affect any non-seniors already there. He said he had consistently cautioned real estate agents the case was pending.
City Councilwoman Esther Sanchez lauded the court's decision.
"The senior status of the neighborhood is very important," she said. "We need to have places where seniors can live independently with dignity."
Call staff writer Craig TenBroeck at 760-901-4062.
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