SAN DIEGO -- A colony of harbor seals that took over a beach in La Jolla that had been willed to children will be allowed to stay, a judge ruled Friday, possibly bringing an end to the prolonged legal tug-of-war over the cove.

The so-called Children's Pool was established in 1931 as a swimming area for children by the owner of the property, philanthropist Ellen Browning Scripps, who died the next year at age 95.

The seals moved in some years ago and turned the cove into a nesting area, to the delight of many children as well as environmentalists. But others felt the growing colony had become a nuisance and wanted the seals removed.

In 2004, swimmer Valerie O'Sullivan -- who now lives in New Zealand -- filed a lawsuit seeking to restore the area for human use, and the next year, Judge William Pate ordered the city of San Diego to dredge Children's Pool, at the city's expense, and disperse the seals.

Earlier this year, Judge Yuri Hofmann told city officials to comply with Pate's order.

But in July, Gov. Arnold Schwarzenegger signed legislation amending the trust that established the beach as a children's swimming pool, giving the San Diego City Council the discretion to designate area as a seal sanctuary.

On Friday, Superior Court Judge Timothy B. Taylor issued a final order ruling the seals can stay unless the city decides otherwise.

Taylor said the revised statute was "not a model of clarity," but that it "changes the whole basis for Judge Pate's findings."

Taylor said the issue was not so much the seals versus children, but "respect for the legislative and executive branches of government."

Paul Kennerson, the attorney representing O'Sullivan, told the judge he has spent nine years working on the seal issue and five years on the lawsuit.

"I'm proud to have been a part of it," Kennerson said. "This may well be the end of the line for my client."

It was too soon to tell if O'Sullivan will appeal the case in state court, Kennerson said.

Deputy City Attorney George Schaefer told reporters that the City Attorney's Office recommended in February that the city sponsor legislation to change the terms of the 1931 trust to give the city discretion on use of the beach.

He thanked San Diego lawmakers for carrying the legislation forward.

"Today's decision means that the issue can now be decided by the City Council and mayor the way public policy issues are supposed to be decided," Schaefer said.