WESTMINSTER : Day-Care Center Can Expand, Judge Rules

A Superior Court has ruled that a woman who runs a day-care center in her home may expand it, overturning a city decision the court called too restrictive.

“In one respect, I finally feel vindicated,” said Christine Ogden, 33, who sued the city in October after the council unanimously denied her request to double the size of her Edinburgh Drive day-care center to accommodate 12 children. “What the city did was wrong. What these people did was wrong, and justice has prevailed.

“On the other hand, it’s like this is such a nightmare, and now it’s over,” she said.

The council denied her expansion proposal at a three-hour public hearing last October at which about 50 area residents complained that approval would increase noise and traffic in the neighborhood. About 25 Ogden supporters also attended.

At the meeting, council members said that although they supported family child care and were impressed with Ogden’s center, approval would have violated a city ordinance prohibiting large family-operated day-care centers being located within 300 feet of “the same or similar” types of centers. There is another small facility within that limit.

However, on Thursday Orange County Superior Court Judge Robert J. Polis overturned the decision, ruling that it was “unconstitutional as applied because it restricts small day-care centers,” according to Costas Ladikos, who represents the city in litigation. “State law says small day-care centers can’t be regulated by cities,” he said.

Also, Ladikos said, “I think he was wrong in the way the ruling was made. He really looked at a strict interpretation of the statutes instead of looking at the evidence.”

He said the city has not yet decided whether to appeal.

“This was not an easy case for the city. They struggled. To say that the city council members of Westminster are against day care is preposterous,” he said.

Ogden, who said she expects to expand the center within about a week, added that the neighborhood remains sharply divided over her plan.

“I think there is a feeling that a businesses shouldn’t be in a quiet neighborhood area--and it is a business,” said Yvonne Meador, a retired writer who lives across the street from Ogden’s home. “We just wish that when people do object to it, the council could have some kind of say-so.”

She said neighbors are concerned with property values and noise, but worry most about the potential danger that the increase in traffic will pose to about 40 children who live on the street. But, because they oppose the expansion, “we have been called child-haters. To us, that’s grossly unfair.”

Others, however, said they favored the expansion.

“I’m very pleased,” said Peggy O’Rourke, who lives next door to Ogden. “I think she manages the kids wonderfully. I think there’s a need for it.”