South Bronx residents have lost their fight to stop the online grocer FreshDirect from moving into their neighborhood.
The New York State Supreme Court blocked their appeal Thursday, ruling that the city did not violate the law in its environmental review process.
It also upheld the dismissal of a 2013 lawsuit challenging FreshDirect's nearly $130 million in subsidies.
Members of South Bronx Unite, the group that brought the lawsuit and has been protesting the company's arrival, said that they're disappointed.
They believe that the influx of trucks from FreshDirect will bring increased threats to health and safety.
"Frustrated, but we're not finished," said Mychal Johnson, a member of South Bronx Unite. "We're grieved, but we're not giving up."
"We already have the highest asthma rates. We need mitigation. We need a real EIS done, not one that's 21 years old," said Ruben Austria, a member of South Bronx Unite. "We really need our mayor to step in and stop this tale of two cities that exists here in the South Bronx."
FreshDirect issued a statement, saying, "Today's decision is a huge victory for those who care about creating good jobs in the nation's poorest Congressional District. Our focus now turns to building our facility and making good on the promise of creating jobs and economic activity in the Bronx."