CHARLESTON, S.C. (WCBD) – The owners of a Downtown Charleston hotel have appealed to the South Carolina Supreme Court, hoping the court will take their side in a discrepancy over whether the hotel is permitted to have a rooftop bar.

The Dewberry, a popular King Street hotel, has been battling for its right to operate a rooftop bar after the City of Charleston denied a zoning exception, saying the Dewberry changed plans for the space without proper authorization.

The move comes after an October ruling by the South Carolina Court of Appeals which upheld the stance that The Dewberry was prohibited by zoning ordinances from operating the rooftop bar, which was originally slated to be a pool.

The Dewberry said that the pool was not feasible, so they pivoted during construction to reimagine the space. The city was made aware of the changes via updated construction drawings, which The Dewberry says the city “approved… without qualification.”

Upon receiving approval, The Dewberry went ahead with construction of the facilities.

The City claims that noise concerns and decreased property values are the main reasons for their opposition to the rooftop bar. The Dewberry says that claim is arbitrary and unsubstantiated, especially since the rooftop bar has been in operation for years and no noise complaints have been received.

The Dewberry is asking the South Carolina Supreme Court to review the case and reverse the Court of Appeals decision.