Neighbors File Suit to Block Northridge Day-Care Center

Neighbors of a planned day-care center in Northridge have sued to prevent the facility from opening, saying the center would violate deed restrictions imposed on the residential community nearly 40 years ago.

The lawsuit, filed Tuesday in Los Angeles Superior Court by 33 Northridge residents, asks a judge to stop Fernando and Sherry Segre from opening the center in the 18000 block of Devonshire Street. The suit also asks for at least $25,000 in damages for each neighbor.

The Los Angeles City Council approved establishment of the day-care center in June after a lengthy, heated dispute among neighbors and council members.

Opponents, including Councilman Hal Bernson, who represents Northridge, said the center would turn the neighborhood into a commercial zone. But supporters said the day-care center, which would care for a maximum of 24 children, would fit into the neighborhood.

Joseph Donaldson, who lives two doors away from the Segres, said he joined the lawsuit because he fears the day-care center will create a traffic problem on Devonshire Street as well as diminish his property values.

On Wednesday, Fernando Segre and his attorney said they had not seen the lawsuit but planned to fight it vigorously. The center is scheduled to open in December.

“They have no grounds to stand on,” said Segre, referring to the plaintiffs. “We went through all the legal processes and we won.”

A lawyer for the plaintiffs was not available for comment.

The suit contends that in 1956 the owner of what was then called Devonshire Village imposed restrictions on each of at least 34 lots to keep them uniform and “to make the land a desirable neighborhood.” The lawsuit says the restrictions allow only residential and agricultural uses and a day-care center would violate those conditions.

The lawsuit contends the center will cause “discomfort, annoyance and inconvenience” to neighbors and reduce their property values.