“The loophole being abused here is just an example of what residents have endured from overdevelopment in our city,” said City Councilman Ben Kallos, who is one of the parties of the suit.

In summer 2016, developers were hit with a stop-work order from the DOB over a four-foot lot that DDG carved out on the property in order to allow for a taller building. After the stop-work order, DDG increased the lot’s size and the DOB allowed construction to resume. However, community members continued to express opposition and proceeded with their third appeal at the time.