Resident Filed Lawsuit Over Emerald Hills Development
A legal complaint challenges a 123-home project approved under a now-repealed city code.
Updated on Sept. 30, 2026 in Civic Engagement
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Andrea Hetheru has filed a lawsuit against the city of San Diego regarding a proposed 123-home development in Emerald Hills. The legal action follows the city council's July decision to reject an appeal aimed at stopping the project.
Why it matters
The lawsuit alleges that the city process was unjust and involved racial discrimination. Residents have long opposed the project, arguing the site should instead be utilized as a park.
The lawsuit challenges a 123-home project approved under Footnote 7, a 2019 city code provision that allowed dense development in southeastern San Diego before its repeal in 2025.
The players
Andrea Hetheru
She is a former community planning group chair who is leading the legal challenge against the Emerald Hills project.
San Diego City Council
The local governing body that established and later repealed the housing density rules known as Footnote 7.
The details
Hetheru, a former community planning group chair, is seeking pro bono representation to challenge the development, which was permitted to continue despite the repeal of the governing code. A separate resident has also initiated a lawsuit to overturn the city council's appeal rejection on environmental grounds.
Timeline
In 2019, the city council added Footnote 7 to the city code.
Andrea Hetheru served as the community planning group chair in 2024.
The city council repealed Footnote 7 in 2025.
In July 2026, the city council rejected the appeal against the project.
Andrea Hetheru filed the current lawsuit in September 2026.
Political Context
Opponents of the development argue that the city's reliance on the now-repealed Footnote 7 represents a failure to address community concerns regarding density. Conversely, city officials maintain that projects approved under the code at the time of application retain their legal right to proceed.
The ongoing litigation could lead to significant delays for the 123-home development, impacting planned housing inventory in Emerald Hills. Residents continue to navigate the city's complex planning policies while seeking to influence the future use of local land.
The takeaway
This case highlights the tensions between municipal density mandates and established neighborhood preferences in rapidly developing urban areas. It demonstrates how historical zoning codes can continue to impact local land use decisions long after their formal repeal.
Further reading
For more on local governance, visit the Civic Engagement section.
Source note: This article includes information reported by KPBS.
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