VIRGINIA BEACH, Va. (WAVY) — There’s a delay in plans to construct Virginia Beach’s third-tallest building along Shore Drive.

Ben Unkle, Westminster-Canterbury on Chesapeake Bay’s CEO, said construction crews have been directed to not move forward with the next phase of work until legal matters are resolved.

A group of neighboring condo owners is continuing a fight to stop the construction permanently. After a circuit court judge dismissed claims that City Council unlawfully approved the $250-million expansion project in 2020, they recently appealed their case to the Supreme Court of Virginia.

The expansion of the upscale senior living community would include the construction of a 22-story independent living facility and parking garage, as well as a seven-story tall assisted living facility.

The neighboring property owners allege the taller building will obstruct their scenic view, increase pedestrian traffic if new beach access in the area is created, deprive them of “rights to light and air” due to shade and shadows created by the new building, and decrease property values, among other things.

Currently work has only been completed in the assisted living memory care building.

In total, the project would add 340 units to Westminster-Canterbury: 217 units in the 22-story building and 123 total units in the seven-story building for assisted living and memory care units.

There is no word yet on if the Supreme Court of Virginia will hear the case. Unkle believes the project will ultimately move forward.