The city of Kirkland has filed an appeal over a judge’s ruling in May to allow Bellevue developer Lobsang Dargey to build his Potala Village project under the original zoning that was in place when he applied for a permit in 2011.

The city seeks the Washington State Court of Appeals’ consideration of the King County Superior Court ruling that declared the proposed mixed-used project was entitled to apply for development and building permits under the city’s pre-moratorium codes.

The city disagrees with the vesting rule and on Tuesday filed its appeal due to statutory requirements.

Judge Monica Benton on May 13 ruled the developer was vested under city codes when he applied for development permits, including a shoreline permit, in 2011.

The city sought a reconsideration of the vesting ruling, which Benton granted on May 29. However, on June 3 she denied the city’s motion, stating in her order that she “mistakenly filed an order granting reconsideration.”

It is unknown when the city’s appeal will be heard by the Appeals Court.