Save the View Now, the preservation group mercilessly fighting to protect the view of Brooklyn Bridge from the Brooklyn Heights Promenade, will not go down without a fight. The group has lobbed not one, but two lawsuits against the developers behind Brooklyn Bridge Park condo Pierhouse—the latest of which was just tossed (again) by a Brooklyn judge, The Real Deal reports.
The lawsuit brought last year against Toll Brothers and Starwood Capital alleged that a penthouse on top of the building violated the 2005 height cap agreement of 100 feet and at that was blocking protected views of the Brooklyn Heights Promenade.
A judge found on Thursday that the lawsuit essentially made the same claim as the group’s earlier tossed case. The dismissal was also made on the grounds that the statute of limitations for challenging a government decision to allow the developers to build on the site had been reached, TRD says.
In the last dismissal of a suit brought by Save the View Now, the case’s presiding judge said that the "plaintiffs have failed to demonstrate any connections between the provisions of these leases and the expiration of the statue of limitations, as determined in the prior decision and order of this court."
The ever-fervent group has the option of appealing the decision, as they’re doing with the previously-dismissed suit.
- Judge throws out Brooklyn Bridge Park group’s suit against Pierhouse developers [TRD]
- Judge rules, again, that Pierhouse can rise to its full height [Curbed]
- Pierhouse's Penthouse Gets Stopped Short (For Now) [Curbed]
- Touring the Model Unit at Pierhouse, Brooklyn Heights's Controversial Condos [Curbed]