NEW YORK CITY-The Soho Alliance–a community activist group challenging the status of the Trump Soho project in Manhattan–says it now plans to take its fight to the New York State Appellate Division. This comes after the group suffered a significant setback when a state Supreme Court judge upheld the city’s decision to issue a building permit on the hotel-condominium at 246 Spring St., which recently topped out.

The Dec. 19, 2008 ruling by Justice Kibee F. Payne–made public late last week–sustains the May 2008 resolution of the New York City Board of Standards and Appeals. The BSA upheld a determination by the city’s Department of Buildings approving construction of a Use Group 5 transient hotel in West Soho, an area zoned for manufacturing, which essentially means no permanent residential development is allowed.

In a release, Julius Schwarz of Bayrock Group LLC, which is developing the project with the Trump Organization and Sapir Organization, says, “We are grateful for the decision which was as expected, and we now look forward to preparing for Trump Soho’s grand opening which will be taking place in the fall of 2009.”

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