Residents of the lower floors were allowed to move into the building by mid-1988, even though the upper stories did not have their occupancy certificate.[98] CitySpire's dome was completed in August 1988, apparently in violation of the settlement.[2][98] While Community Board 5 had notified the DOB about the illegal work earlier, the dome had been completed by the time the DOB issued a stop-work order.[98] Koch ordered the dome dismantled that November.[3][99] The ribs were partially removed so CitySpire would only exceed the permitted height by 1.5 feet (0.46 m).[73] City Center filed a lawsuit that month, alleging that Eichner had not renovated the theater as promised. City Center sought an injunction to forbid the DOB from issuing CitySpire a certificate of occupancy for the top twenty stories until the renovations were performed.[100][101] A New York Supreme Court justice declined to issue the injunction,[73][100] and the city allowed Eichner to open the 51st through 63rd floors.[73] Community Board 5 "demanded" the city deny CitySpire a special zoning permit for the extra height.[8]