A San Diego Superior Court judge has agreed to throw out a $40 million lawsuit claiming the city of San Diego should pay for requiring Sunroad Enterprises to tear down the top of its controversial office building.

Judge Timothy Taylor ruled that Sunroad never had a “vested property right” to build a tower that federal regulators said created a navigation hazard because of the building’s proximity to Montgomery Field.

In a statement, City Attorney Jan Goldsmith said his office recently took over the case from outside counsel, which he said saved the city $1.2 million.


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