Yesterday, the New York State Appeals Court Judge dismissed an appeal brought forward by Save the View in October concerning the dismissal of a previous lawsuit against Brooklyn Bridge Park and developer Toll Brothers in July 2016.

According to the Brooklyn Eagle, the court upheld their original decision.

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A 1970’s view of the Brooklyn Heights Promenade. Photo via Brooklyn Media Group

The decision is the latest in a long line of disappointments for Save the View.

In 2014, their initial lawsuit against Brooklyn Bridge Park and Toll Brothers concerned the plaintiff’s construction of 1Hotel, whose 30-foot-tall penthouse is blocking a view of part of the Brooklyn Bridge that is not legally protected. Save the View claimed that this broke an agreement that the Brooklyn Heights Association made with the park nine years prior that any new development would be capped at 100 feet.

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Pierhouse and 1 Hotel Brooklyn Bridge Park. Photo by Mark Wickens

In a second lawsuit filed in December of 2015, Save the View were backed by the Brooklyn Heights Association. The group, which has not previously joined the latter’s protests and legal cases, was instrumental in landmarking the Heights, creating the landmarks law and allowing the creation of Brooklyn Bridge Park to move forward in the first place.

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