A developer who had to remove two floors from a Kearny Mesa office tower has lost a legal battle against taxpayers.
Sunroad Enterprises sued the city of San Diego for $40 million.
Sunroad claimed it lost millions, because its Centrum building was approved by city officials, but then had to be lowered to meet federal aviation restrictions around Montgomery Field.
A judge dismissed the lawsuit Monday, ruling that city permits did not exempt the developer from following federal safety regulations.