[jlousa]

The issue I'm sure is the height. They are arguing the city had already approved the previous permit for 600ft and the purchsers claim they were aware of this when purchasing their unit, they did their due diligence by studying the city's own documents. The city is now after the fact looking at increasing the height. Now legally I don't think there is a case on that alone as council is able to change it's mind. I believe there might be a case in that the city would be breaking their own zoning policy for that area if they allow more residential density then commercial density as is being proposed. They might have to adjust policy before granting this rezoning or they would be in breach of it. I don't believe that is something they really want to do though. Law is not my area so hopefully someone who works in that dept might have more insight.

Back onto the Mark, there was a lot of flack about the constant increasing in FSR without any additional public benefit apparently the 37space daycare had already been agreed on when density was 5.0FSR it was then increased a couple of more times w/o any additional public benefit except purchasing space from the density bank. Locals were pretty upset about not understanding where the city stands as it keeps renegotiating upwards after the fact making all previous due deligence by residents uncertain. Uncertainly is not a good thing from a government.