Young vs. Old Battle Over Housing at Seniors’ Complex Ends in Accord

A tentative settlement has been reached in Vista Superior Court in an emotional case involving efforts to force a young couple from their home in Peacock Hills, a community for senior citizens in Oceanside.

Although Judge Kevin Midlam ordered participants to make no public comment, it appeared Tuesday that Kevin and Stephanie Bell, who are in their late 20s, have agreed to sell their home in exchange for the lawsuit against them being dropped.

“It’s tentatively settled,” said Alan Burson, the attorney for the Peacock Hills Architectural Assn., which sued the couple, holding that people younger than 55 are barred from living in the 920-unit duplex project.

The Bells, who couldn’t be reached for comment Tuesday, bought half a duplex in 1988, believing an earlier court ruling paved the way for them by finding that Peacock Hills wasn’t a proper seniors project because it lacked certain physical and social features.

However, the Bells’ case was weakened when the association last October won a similar suit against another young couple living across the street, Richard and Karen West.

In that case, Superior Court Judge Franklin Mitchell found that the earlier ruling only applied to some phases of the huge residential project but not the area where the Wests live. Mitchell’s judgment is under appeal.

Meanwhile, the Bells were to begin trial Monday, but came away with a tentative settlement. “Both sides reached agreement that will resolve the matter,” Burson said.

He declined to give details, saying, “the judge told us not to comment on it. . . . (Midlam) thinks a settlement will be more difficult because of publicity.”

Similarly, a secretary for Jack Turner Jr., who represented the Bells, said parties to the case “were instructed not to speak with any reporter.”

But aspects of the settlement were apparent Tuesday as a “For Sale” sign was posted at the Bells’ house. Burson said the settlement will become final in 120 days, presumably enough time for the house to be sold.