HUNTSVILLE, Ala. (WHNT) — Construction on a “luxury housing” development could soon get the green light after a Madison County Judge dismissed a lawsuit from nearby residents.

The lawsuit was trying to prevent construction from starting on an upscale subdivision on a lower portion of Monte Sano, according to court documents.

Circuit Judge Alison Austin granted a motion last week to dismiss the lawsuit, efforted by citizens in the surrounding community of the proposed subdivision.

The developers of the project, “See Forever,” and the City of Huntsville had been named as defendants in the case.

According to the lawsuit, filed on August 22, residents near the proposed “luxury housing” development said the subdivision would violate city zoning and traffic ordinances, among other infractions.

Meanwhile, the City, in its motion to dismiss, stated that there weren’t any claims against the city permitted by state law while saying they had already reviewed the zoning changes See Forever submitted and maintained the right to amend zoning changes.

See Forever Development Partners, based out of Colorado, said no claims could be made against them, either, since they followed all of the zoning changes outlined by the City, citing the lawsuit as “frivolous.”

According to the court documents, the development is expected to boast 64 units sitting just off Gaslight Way on a 47-acre site in east Huntsville.