Judge Denied Motion to Dismiss Polo Fields Lawsuit
A Superior Court judge will allow litigation to proceed regarding land-use restrictions at the Del Mar polo fields.
Updated on Sept. 23, 2026 in Law
Live Poll
Should local governments have the authority to remove existing land-use restrictions on public property?
A Vista Superior Court judge has denied a motion to dismiss a lawsuit challenging land-use changes at the former Del Mar polo fields. The decision allows the Fairbanks Polo Club Homeowners Association to continue its legal challenge regarding the property.
Why it matters
The ruling ensures that disputes over the city-owned property will be heard on their merits rather than being dismissed early. The case centers on whether the city has the authority to lift long-standing land-use restrictions established by a 1983 deed.
The judge identified three central legal questions regarding deed permits, assignment validity, and restriction removal. The site was previously restricted by a 1983 grant deed to passive recreational use before the city amended its lease in 2025 to allow large events for up to 40 days annually.
The players
Fairbanks Polo Club Homeowners Association
This local organization is the plaintiff in the lawsuit challenging the city's land-use decisions.
Surf Cup Sports
The company entered into a lease agreement with the city in 2016 for the use of the property.
San Diego City Council
This governing body holds responsibility for city property management and voted to amend deed restrictions.
Sierra Club
This environmental organization filed a separate lawsuit challenging the removal of the deed restrictions.
The details
The lawsuit, originally filed in April 2023, argues that the city improperly removed restrictions that were intended to limit the land to passive non-commercial recreation. The judge determined that the matter requires a full trial to address complex questions about property rights and past lease agreements.
Timeline
1983: Property transferred to the city with land-use restrictions.
1986: The city began leasing the fields to a polo club.
April 2023: The homeowners association filed the initial lawsuit.
October 2025: The San Diego City Council voted to remove deed restrictions.
September 9, 2026: The judge denied the motion to dismiss the lawsuit.
Political Context
Opponents of the city's plan, including the homeowners association and the Sierra Club, argue that the council's 2025 vote violates the terms of the original grant deed. They contend that the city is prioritizing commercial event expansion over the legally binding passive-use requirements established decades ago.
Residents living near the former polo fields may face uncertainty regarding future traffic and noise levels as the property's event capacity remains under legal review. The litigation could lead to new court-ordered restrictions on large-scale events held at the site.
The takeaway
The court's decision to deny the dismissal motion means the city must now defend its 2025 decision to modify land-use rules in a formal legal setting. Interested parties should monitor the October 30 hearing for updates on how the two competing lawsuits may move forward together.
What happens next
The court will hold a hearing on October 30, 2026, to determine if this lawsuit should be consolidated with a separate legal challenge filed by the Sierra Club.
Further reading
For more information on legal proceedings in the region, visit the San Diego Law section.
Source note: This article includes information reported by The Coast News.
Live Poll
Should local governments have the authority to remove existing land-use restrictions on public property?
