In an extraordinary ruling, a state supreme court judge has ordered the developers of a nearly completed 668-foot block of flats in New York to remove as many as 20 or more floors from the top of the building.

The decision is a major victory for community groups who opposed the project on the grounds that the developers used a zoning loophole to create the tallest building on the Upper West Side of Manhattan. A lawyer representing the project said the developers would appeal the decision.

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It is common for developers to purchase the unused development rights of adjacent buildings to add height and bulk to their project. But in this case opponents of the project argued that the developers, SJP Properties and Mitsui Fudosan America, created a “gerrymandered”, highly unusual 39-sided zoning lot to take advantage of the development rights from a number of tenuously connected lots. Without this technique, the tower might have been little more than 20 storeys tall, instead of the nearly finished 52-storey tower that now stands.

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