It was opposed by many, during its planning phase, including the National Park Service, historic preservationists, local residents,[2][4] and Milton Shapp, the governor of Pennsylvania from 1971 to 1979, who led unsuccessful lawsuits to try to halt the tower's construction.

[7] He also argued that "many local leaders have expressed themselves substantially in favor of it," adding: "Just after the Civil War ended, a memorial Association constructed a wooden observation tower strategically on East Cemetery Hill so that people...could have a realistic overview of the area....

[8] Initially planning to build the tower at 777 Baltimore Street, he changed the site to Colt Park at Johns Avenue, despite the fact that his original permit was not automatically transferable.

A decade later, in June 2000, a federal judge gave park officials permission to seize the tower itself, and three million dollars was subsequently awarded to the owners as compensation for the seizure.

[15] The observation area consisted of two air-conditioned indoor levels and two open-air decks at the very top, featuring binoculars and information about the historical significance of the sights.