WESTLAKE : Restraining Order Against Home Denied
A Ventura County Superior Court judge on Thursday refused to grant a Westlake homeowners group a temporary restraining order aimed at stopping a home for the dying from opening on the shores of Westlake Lake.
The Windward Shores Homeowners Assn. filed a lawsuit against Isobel Oxx on Tuesday, the day the Westlake woman was notified that state regulators approved her license for a four-bed home for the terminally ill.
On Thursday, the neighbors asked Judge Joe D. Hadden for a temporary restraining order to block the facility, which they say is a commercial venture and does not belong in their residential area. Hadden denied the request.
“The primary issue was the court was reluctant to stick its neck out,” said Robert Saperstein, the attorney representing the 110-member homeowners group.
The lawsuit, which is more than 300 pages long with attachments, charges Oxx with violating the codes and regulations established by the association.
Although neighbors say the home would be a business, under state law such facilities are considered single-family residences to protect them from housing discrimination. Neighbors called the law unfair and said it should be changed.
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