BROOKLYN, N.Y. - A group, led by plaintiff Alicia Boyd, took their fight to State Supreme Court Monday. They're suing the city, City Councilmember Laurie Cumbo and developer Cornell Realty LLC for a rezoning of this Prospect Lefferts Gardens neighborhood that would allow 20 to 40 story towers to be built here, casting shadows over the community including the Brooklyn Botanic Garden.

"I'm concerned about the garden and the green spaces that these towers will damage," said resident Erica James.

"There was a 1991 community plan put in place to protect the height limits around the garden. That is what we want the judge to adhere to," said resident Maxine Barnes.

At the hearing the judge listened to the city's corporation counsel's arguments asking the lawsuit be thrown out because it listed Cornell Realty as the defendant when the rezoning application had changed hands last year to another developer named CP6. But the plaintiffs say that defense is just a bait and switch.

"Cornell Realty lawyers showed up hearing after hearing after hearing stating that they were property owners and that they own the application. And now that they get papers served on them, they say that they're not. That they're not the applicant on record”, said community activist Alicia Boyd.

Cornell Realty says while it's still tied to the property financially, it's no longer the developer and also wants the lawsuit dismissed. Meantime, the plaintiffs can't file a new lawsuit because the statute of limitations already passed. And they insist Cornell Realty is the one listed on all official paperwork and their lawsuit should stick.

"These are legal documents. The city has to be binding to their legal documents. They have to be binding to the legal documents they present to the community," Boyd said.

If the judge decides the case can move forward, both sides are expected to be back in court in December.