The Dec. 19, 2008 ruling by Justice Kibee F. Payne--made publiclate last week--sustains the May 2008 resolution of the New YorkCity Board of Standards and Appeals. The BSA upheld a determinationby the city's Department of Buildings approving construction of aUse Group 5 transient hotel in West Soho, an area zoned formanufacturing, which essentially means no permanent residentialdevelopment is allowed.

In a release, Julius Schwarz of Bayrock Group LLC, which isdeveloping the project with the Trump Organization and SapirOrganization, says, "We are grateful for the decision which was asexpected, and we now look forward to preparing for Trump Soho'sgrand opening which will be taking place in the fall of 2009."

Sean Sweeney, Soho Alliance president, tells thatafter his group heard about the decision last Friday, "I spoke to alawyer that evening and now we're going to the New York StateAppellate division." He adds that the group's attorney thinks it'llhave better luck with a three-judge panel rather than a singlejudge ruling alone, as was the case with Payne's decision.

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