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The Tokyo High Court on Friday reversed a lower court decision that said a 44-meter-high condominium in Kunitachi, western Tokyo, was in violation of a municipal ordinance by being too tall.

Residents of Kunitachi had sued the Tokyo Metropolitan Government for approving construction of the building.

Presiding Judge Koetsu Okuyama ruled that the 14-story building does not violate the city ordinance, saying it was already under construction when the ordinance went into force Feb. 1, 2000, and that the ordinance was not applicable.

The Tokyo District Court ruled in December that the section of the building above 20 meters was in violation of the ordinance, adding that the metropolitan government acted illegally in failing to order the construction company to correct the problem.

The high rise, located on a tree-lined street, has about 340 units and was completed in December. Some residents have already moved in.

The counsel for the plaintiffs, comprising people who live near the building, indicated that Friday’s decision would be appealed.

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