LA JOLLA, Calif. -- The City of San Diego is under a new court order Saturday to restore a controversial La Jolla beach for use by humans, and oust the colony of 200 or so seals who have taken Children's Pool beach over.

But the battle for the La Jolla cove is far from over, as the city will have to go before a seal-friendly California Coastal Commission to get permits for the sand removal ordered by a unanimous vote by three judges on the state Court of Appeals.

San Diegans are well familiar with the history of the cove, which was given to the public in 1931 on the condition that it be maintained as a swimming area for kids. A concrete crescent-shaped breakwater dedicated in 1941 protects the cove from waves and currents, and generations of children learned how to swim there.

But the cove has largely tilled-in with sand, and the beach was taken over by a boisterous and excrement-producing colony of seals a decade ago. Since then, some residents have battled on the sand and in courts to oust the colony and dredge the sand, thus restoring water circulation and eliminating fetid water.

In a decision released Friday, the Fourth District appellate court panel ruled that the terms of that 1931 deed require the city to maintain the pool for the exclusive use of San Diego's children.

The appellate court agreed with a trial judge who ordered the city to remove sand to restore saltwater circulation in the cove, which would flush out the dangerously-high levels of seal excrement polluting the area. But in order to do that, the city will have to get permits from the state and federal governments.

The city will also have to declare the seals, which are not endangered, to be a public nuisance and health threat. Animal lovers have staged demonstrations to demand the seals be left alone, and swimmers have counter- demonstrated.

The court order potentially puts the city on a collision course with the California Coastal Commission, which could find that the deed conflicts with state laws protecting wildlife. Federal laws also prohibit "annoying" marine mammals.