Opponents of the Pavilion waterfront development have appealed a court decision allowing the $113 million project to move forward.
Residents of the nearby Marine Drive Apartments have asked the Appellate Division of state Supreme Court to review a lower court ruling that exempted Pavilion from an environmental impact study.
Earlier this year, residents filed a lawsuit to force the developers and the city to do the study. The city argued the project was planned as early as 1963, before the state required environmental studies, and therefore was grandfathered under state law.
The proposed Pavilion project is a three-story shopping center flanked by a 12-story hotel and a 12-story office building on a 10-acre site next to Crawdaddy's restaurant at Erie Basin. A six-story parking garage also is planned.
Residents have also asked the state Department of Environmental Conservation to order a study of the project, something it has recommended in the past.