Third Victory for Troutman Sanders’ Client Symphony Asset Pool XVI, LLC, Developer of Belmont Park
SAN DIEGO (April 23, 2019) – The Supreme Court of California denied a petition for review filed on behalf of public interest group San Diegans for Open Government, ending a four-year battle and preserving a lease extension through 2070 while permitting the continued operations and upgrades of San Diego’s historic Belmont Park at Mission Beach. Troutman Sanders partners Mike Whitton and Peter Villar represented real estate developer Symphony Asset Pool XVI, LLC, in the matter.
This ruling follows closely on the heels of a precedent-setting published decision from the California Court of Appeal less than four months ago, at which time the appellate court unanimously affirmed a superior court’s decision allowing Symphony to continue with its Belmont Park development plans. The ruling also preserved the City of San Diego’s right to lease and/or continue to operate the park in perpetuity, well beyond the term of the existing lease.
“We are very pleased the Supreme Court’s decision brings an end to four years of conflict,” said Michael J. Whitton, managing partner of Troutman Sanders’ San Diego office. “Our client’s work on the iconic Belmont Park property helps to bring a great deal of enjoyment to San Diego residents and to tourists, as well as substantial income to the city.”
Since 2015, the public interest group, represented by attorney Cory Briggs, has been trying to terminate the Belmont Park 55-year ground lease (ending in 2070) and require the historic site be demolished and returned to vacant land.
The central argument behind the lawsuit dates to the 1980s and a ballot initiative called Proposition G. In 1987, a group of environmental activists came together in response to the redevelopment of Belmont Park to campaign against any new development along Mission Beach. The campaign ended in a compromise initiative – Proposition G – allowing the previously approved Belmont Park project to continue but protecting other undeveloped areas from further development sprawl along the beach.
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