An attempt to build apartments on the old Kmart property in Neptune Beach is headed back to court.
The 500 Atlantic property is at the corner of Atlantic Boulevard and Third Street near the Beaches town center.
Developer TriBridge Residential had asked for a zoning variance in order to put an apartment complex there, in addition to a boutique hotel, restaurants, retail space and parking.
After both the Neptune Beach City Council and an appeals court denied the request, TriBridge cut out the apartments and got permission for the project.
The group Neptune Strong, which opposes the apartments but supports the rest of the plan, found out the owner of the property has asked the First District Court of Appeals to weigh in on the apartment issue.
The petition to the court for a review was made by Neptune Beach, FL Realty, LLC.
The group is waiting to find out if the court will hear the case.
Attorney Cliff Shepard, who is representing Neptune Beach, said TriBridge has also asked to meet separately with Mayor Elaine Brown and members of the Neptune City Council. Those meetings are expected to take place next week.