Fruit growers opposed to the process which allowed Hastings District Council to start development on a $57 million sports facility are to have their day in court.
In 2008, a $2 million all-weather athletics track was built on the western outskirts of the city as the first phase in the development.
The council has now agreed on a preferred tender to build a $5.5 million grandstand.
But the Hawke's Bay Land Protection Society objects to what it says is fertile land being permanently taken out of production.
Chairperson Alan Baldock says a judicial review will be heard under urgency at Napier High Court on 6 May.