Developer Files Suit Challenging Wellington Rezoning Denial for 120th Avenue South Property

by Legal Desk | Mar 28, 2026 · 9:16 am | Wellington News

Rendering of the proposed Isla Carroll Polo and Residences development on 120th Avenue South in Wellington, as described in court filings. Image Credit: Isla Carroll Polo

Last Updated: Mar 28, 2026 · 9:17 am

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WELLINGTON, FL (Boca Post) (Copyright © 2026) — A Palm Beach County developer has filed suit against the Village of Wellington over the denial of a rezoning application tied to a proposed mixed-use project in the village’s equestrian area.

The complaint, filed March 26, 2026, is styled 120th Avenue S, LLC v. Village of Wellington, Case No. 502026CA003476XXXAMB, in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida. According to the filing, the plaintiff is represented by Barbas Cremer, PLLC. No defense law firm was listed in the complaint.

According to the complaint, 120th Avenue S, LLC owns 79.17 acres in Wellington and sought to rezone the property from Residential Equestrian to Equestrian Planned Unit Development. The filing says the proposed development is commonly referred to as the Isla Carroll Polo and Residences Planned Unit Development.

The complaint says the project was intended as a mixed-use development with a residential node of 27 single-family lots, an equestrian center with related equestrian uses including stables, a barn, rings and an exercise area, a polo field to be made available to residents and guests and managed and programmed by the neighboring United States Polo Association, and compatible commercial equestrian-focused uses.

According to the complaint, the rezoning application was submitted to Wellington on June 20, 2025. The filing says the Village Council later issued written decisions on Feb. 24, 2026, and March 24, 2026, denying the application. The complaint says those decisions, described collectively as the final order, found the request inconsistent with Wellington’s comprehensive plan.

The plaintiff claims the village misinterpreted its comprehensive plan by concluding that development within the Equestrian Preserve Area must be primarily or solely equestrian, rather than equestrian-oriented or designed to further an equestrian lifestyle. The complaint alleges that interpretation is not supported by the plain language of the plan.

The filing further claims the village’s reading of the plan leaves the plaintiff with the option of developing the site as a 40-unit subdivision with no equestrian uses and minimal open space, which the complaint says is allowed in the area but conflicts with the stated goals and policies of the Equestrian Preserve Area.

The complaint also alleges Wellington approved a similar development in early 2024 involving a residential node and a compatible equestrian feature. It claims the village adopted a new interpretation on Feb. 24, 2026, specifically in its reading of Objective EQ 1.1 and Policy EQ 1.1.1 of the equestrian element of the comprehensive plan.

The lawsuit asks the court to declare that Wellington misinterpreted its comprehensive plan and that the denial of the rezoning application was inconsistent with that plan and with section 163.3215, Florida Statutes. It also seeks a permanent injunction barring the village from applying that interpretation, an order requiring Wellington to grant the rezoning application, and an award of attorneys’ fees and costs.

All allegations in the complaint are claims made by the plaintiff and have not been proven in court.

The original complaint, 120th Avenue S, LLC v. Village of Wellington, Case No. 502026CA003476XXXAMB, as filed March 26, 2026, with the Clerk of Court, can be viewed at the PBC Clerk of Court.

Palm Beach County court records show civil complaints filed throughout the year. Boca Post tracks those filings in our Boca Raton lawsuits coverage.

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