[3] Buildings of comparable size exist within a thousand feet to the south and east, including Tower 67 and the Park Millennium, which stand 49 and 47 stories tall, respectively.
[15] Two weeks later, the Department ruled that the challenge had merit and rescinded the development's permit until the zoning lot was changed to comply with the law.
[16] By the end of September, the developers had responded to the Department of Building's concerns and demonstrated conformance with the law without changing the scope of the project.
[20] On March 9, the assistant general counsel of the Department of Buildings sent a letter to the Board of Standards and Appeals which acknowledged that the permits issued for the development was "based on an incorrect interpretation of the Zoning Resolution.
Several prominent local politicians including New York State Assembly members Linda Rosenthal and Richard N. Gottfried as well as Congressman Jerry Nadler supported the lawsuit.
[28] A request for a preliminary injunction at the end of April was also denied, allowing construction to progress while the Board of Standards and Appeals reviewed the zoning challenge.
[36][37][38] On March 3, 2021 major media outlets reported the finding of the lower courts had been overruled on appeal with no modifications required.
The final ruling was seen as having implications for over twenty other such properties in the city constructed involving similar interpretations of zoning laws.