A judge dismissed a firefighter’s lawsuit over New York City’s decision to allow an Islamic cultural center and mosque to be built near the site of the September 11 attacks, a ruling his lawyer said on Monday would be appealed.

New York State Supreme Court Justice Paul Feinman on Friday granted the city’s Landmarks Preservation Commission’s motion to reject the suit by Timothy Brown, who survived the attacks nearly 10 years ago.

U.S. conservatives and many New Yorkers have spoken out against the proposed center in lower Manhattan near the site where the World Trade Center’s twin towers were destroyed.

The project generated intense national debate last year, drawing in President Barack Obama, who initially seemed to endorse the center but later said he only supported the organizers’ right to build.

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