Judge Daniel M. Taubman wrote that “competent evidence in the record supports the City Council’s rezoning decision such that the neighbors have failed to rebut the presumption of integrity, honesty and impartiality in favor of the City Council’s decision.”

Kerwin has cited Councilwoman Mary Beth Susman’s frequent e-mail correspondence with Metropolitan lobbyist Sean Maley before the vote. But Taubman’s opinion echoed the earlier district court ruling in noting that Susman asserted her impartiality several times and ultimately voted against the rezoning.

This week, Kerwin said in response to the latest ruling: “The developer and its lobbyists controlled this rezoning process, and city officials admitted in court that the Planning Board and City Council do not consider traffic and parking problems when evaluating a proposed rezoning.”