The Beaver Meadows Homeowners Association, which is fighting tooth and nail to stop the opening of a home for the mentally ill on Lynne Road in Swifts Beach, was unsuccessful in its appeal of a Plymouth County Superior Court judge's September 12 decision not to issue an injunction to stop the operation of the home.

The group appealed the decision on September 26, but Sean Murphy, a homeowners' association trustee, said the homeowners found out early this week that the appeal was denied. He said the association plans to go to trial.

It is unclear what the next step for the homeowners' association will be. Lawyers from New Bedford-based Beauregard, Burke & Franco, which represents the association, did not immediately return calls seeking comment.

An injunction would have stopped the home from being leased for any purpose other than a single-family residence, according to court documents.

It is unclear when the home is set to open. Neighbors observed nearly a dozen cars at the residence last week.

The Beaver Meadows Homeowners' Association, which covers cul-de-sacs Lynne Road and Bachant Way in Swifts Beach, sought civil court action in June against builder and 7 Lynne Road homeowner Jeff White.

White had been renovating the home since last spring with plans to lease it to Rhode Island-based Fellowship Health Resources, Inc. Fellowship plans to open a six-bed "therapeutic respite" program for patients with mental illnesses and disorders who are referred by the state Department of Mental Health. Patients will live at the home for anywhere from a week to 30 days.

The homeowners' association argues that the renovations White completed on the home violate the neighborhood's covenants.

The house's garage was converted into additional living space. Three bedrooms, a living room, and a bathroom were added on to what was previously a three-bedroom ranch.

The homeowners also argue that White is planning to use the home for a "commercial purpose" - another violation of the covenants.

Lawyers for the homeowners' association argue that White "executed a commercial lease agreement with Fellowship with the intention of using the premises to operate a temporary respite program for the mentally ill" and since Fellowship will operate a program funded by the Massachusetts Department of Mental Health, "7 Lynne Road will no longer be a residence," according to court documents.

The court, however, said in its decision earlier this month that White is not operating a commercial business because his business has nothing to do with the activity that occurs at the home.

Neighbors have steadfastly opposed the opening of the home, saying they fear for their safety.

"The concern that sexually dangerous persons may be patients staying for 7 to 30 days at a time in the subdivision is legitimate," the homeowners' lawyers wrote. "This residential development ... was not created as a place where social service businesses could freely set up shop and temporarily house potentially dangerous individuals who could pose a risk to families and children living in the development."

Joseph Dziobek, President/CEO of Fellowship Health Resources, did not respond to a request for comment. White's attorney, Anthony C. Savastano, was out of town and unavailable for comment, according to a person who answered the phone in his office.