MINNEAPOLIS (AP) -- The Minnesota Court of Appeals has affirmed a lower court's ruling that sided with the developer of a proposed 40-story condominium tower in  Minneapolis that's opposed by some residents.

Minneapolis-based Alatus wants to build the tower just across the Mississippi  River from downtown and within the St. Anthony Falls Historic District, where height limits exist. It would be the tallest building in the city outside of downtown.

The appeals court has upheld the city's approval of the project.

A spokesman for the Neighbors for East Bank Livability says the group is considering appealing to the state Supreme Court.