FORT WAYNE, Ind. (WOWO): An Illinois man is suing the Allen County Plan Commission over a proposed high-rise hotel for the northern outskirts of Fort Wayne.

Gerald Forsythe of Wheeling, IL says the commission broke the law by casting aside the maximum height and square footage rules for the project, which includes a multi-story Hilton hotel and some retail space, according to the Journal Gazette.

Forsythe owns land adjacent to the project near Parkview Regional Medical Center, and says the law only allows waivers for height to 40 feet, not the proposed 72 foot height the project will apparently have.

So far the Commission hasn’t commented on the suit.