Judge Agrees With Newport in Morningside Battle

In a ruling last week, an Orange County Superior Court judge said the city of Newport Beach had the right to terminate its agreement with Morningside Recovery, a city spokeswoman reported.

The ruling was handed down on June 19 by Judge Sheila Fell and upholds the City Council's with the rehabilitation facility because of alleged violations which included issues with noise and parking.

"Judge Fell found there was substantial evidence in the record to support the City’s Council’s action and thereby rejected Morningside’s arguments to the contrary," Tara Finnigan, city spokeswoman, said in a released statement. "The ruling upholds the City Council’s decision and clears the way for Newport Beach to move forward with its cross-complaint against Morningside."

Morningside's Chief Executive Officer Mary Helen Beatificato said in a statement that Fell's ruling does not prohibit the rehabilitation facility from providing services in the city and says Morningside will continue to fight further litigation.

"It's a long fight, with this round going to the city," Beatifacto said. "However, this is not a knockout. There are many more rounds to go."

During a compliance review in June 2011, city staff reported Morningside's alleged violations which included exceeding the maximum number of permitted client beds, failing to utilize garages for parking, failing to submit quarterly compliance reports, and failing to report the number of parolees and probationers at each facility. Finnigan said the police department also responded to 15 calls for service at Morningside facilities between late September 2010 and late May 2011 which included calls for disturbing the peace, illegal parking and loud music.