A Brooklyn judge tossed out a second lawsuit brought by DUMBO community group Save The View, which aimed to block developers from finishing construction at 130 Furman Street in the Pierhouse development along the Brooklyn Heights waterfront.
Save The View joined with the Brooklyn Heights Association sued Toll Brothers City Living and Starwood Capital last year, alleging construction on a penthouse at 130 Furman was blocking city-protected views of the Promenade.
The case was dismissed Thursday in Kings County Supreme Court on the grounds that the groups brought up identical claims from an earlier lawsuit and reached the statue of limitations for challenging a government decision to allow the developers to build on the site.
Save The View, which is currently appealing a decision from its previous lawsuit, and the Brooklyn Heights Association can appeal the latest court order.
Meanwhile, Toll Brothers and Starwood are putting the final touches on construction at 130 Furman Street.
The developers are building three condominium buildings at the site — 60, 90 and 130 Furman Street, with units priced between $1.1 million and $11.1 million. They will contain 108 units total, as well as a 200-key hotel.
Scott Mollen of Herrick, Feinstein, an attorney for the developers, declined to comment on the judgement. Attorney Jeff Baker of Young Sommer, a representative for Save The View and the Brooklyn Heights Association, was not immediately available for comment.