The Swiss Avenue development saga continues. Last month, an appellate court reversed a decision that would have stopped construction on a multifamily dwelling at 4217 Swiss Ave.

The opinion, released Dec. 28 by the Dallas Court of Appeals, rejects claims from the Peak’s Addition Homeowner’s Association that the five-story building violates height requirements for the historic neighborhood.

The court agreed with the property owner, Encore Enterprises, and ruled that the height requirement, known as the residential proximity slope, does not apply to the development. The appellate judges sent the case back to the lower court for further action, according to the opinion.

The verdict comes after years of legal challenges to the property. The City of Dallas Board of Adjustment approved several building permits for construction in 2017, but a district court sided with the homeowner’s association and reversed the decision.

Encore Enterprises appealed and paid a bond to allow construction on the property to continue while awaiting the higher court’s ruling.

Read the full opinion here.

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