200 Amsterdam Avenue towers above its neighbors for now, and the de Blasio Administration wants it to stay that way.
This battle began with big business back in 2007 when a Limited Liability Corporation, bought the site of Lincoln Square Synagogue for $27 million, and then combined partial tax lots to create a new zoning lot with 39 sides.
Using development rights from that 39-sided lot as a lure, the corporation sold it to another developer, SJP Properties for $275 million in 2015.
With Buildings Department Permits, SJP put up a 668 foot tower, exceeding the height of what would have been allowed on the initial lot and angering their neighbors.
A civic group, The Municipal Art Society, sued, and last month a Manhattan State Supreme Court Judge ruled the city buildings department relied on an erroneous historical interpretation and should not have issued a permit.
On Monday, the de Blasio Administration reversed its policy closing the loophole saying zoning lots can now not consist of partial tax lots. But on Tuesday, they appealed the Judge's decision which is based on the same interpretation.
“Now, we are challenging the judge’s ruling that the building violated zoning laws. It is the City’s responsibility to fix flawed policy - not the Court’s - and we must appeal this decision because of its far reaching implications for how policy is shaped,” said Jane Meyer, de Blasio’s Deputy Press Secretary.
"It's a little bit difficult to understand the multiple positions the city has taken on this issue," said Tara Kelly, Vice President Municipal Art Society NY.
The Municipal Art Society is confident it will win the appeal but so is SJP Properties.
"We applaud Mayor de Blasio for taking a stand against a legally flawed court ruling that seeks to apply a new policy, not adopted until after the court handed down its decision," said a spokesperson for SJP Properties.
The appeals process could take months. Oral Arguments before a three judge panel would likely take place this year.