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Brooklyn Heights preservation group loses appeal against Pierhouse developers

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The New York State Appeals Court has decided to uphold the original decision in the case

Aymann Ismail for Curbed.

Save the View Now, the preservation group fighting to preserve the view of Brooklyn Bridge from the Brooklyn Heights Promenade, has suffered another blow.

The New York State Appeals Court has decided to uphold the decision made in the previous case, where it was determined that a suit filed by Save the View Now against developers of the Brooklyn Bridge Park condo Pierhouse was essentially a carbon copy of an earlier dismissed lawsuit, reports the Brooklyn Eagle.

Save the View Now originally filed a suit against Toll Brothers and Starwood Capital in 2015, claiming that the building’s penthouse violated the 2005 height cap agreement of 100 feet and blocks protected views of the Brooklyn Heights Promenade. The case was dismissed but in 2016, the group filed yet another lawsuit, making virtually the same allegations. That case was also dismissed after the judge found that the statute of limitations for challenging a government decision had been reached.

During the most recent appeal, a panel of four judges agreed that Save the View Now was correct when they stated that Brooklyn Bridge Park did not submit proof of approval to build beyond height limitations, however, they also agreed that the group took too long to file its lawsuit.

“We’re pleased with the decision which affirms Justice Knipel's dismissal of the Pierhouse case,” said a Brooklyn Bridge Park spokesperson in a statement to Curbed. “Like the other development projects in Brooklyn Bridge Park, this project generates much needed revenue to maintain and operate the Park.”