LOUISVILLE, Ky. (WHAS11) – The developer of a proposed housing project in Prospect is heading to court after a Metro Council measure killed the project.

LDG Multifamily, LLC wanted to build a 198-unit building for renters more than 55-years-old called Prospect Cove.

Last month, the council voted 14-11 against the rezoning proposal amid complaints it was too big and in the wrong spot.

In a lawsuit, the developers allege the council’s actions were discriminatory, claiming they violated the Constitution’s equal protection clause and the federal Fair Housing Act.

The ask the decision to be voided and the zoning change approved.

WHAS11 News reached out to the county attorney’s office for comment on the lawsuit and calls have not been returned.