PITTSBURGH -- Ground has been broken on the Majestic Star casino on Pittsburgh's North Shore, but a local nonprofit is still fighting to stop construction.

The Riverlife Task Force has filed an appeal in state Supreme Court over the city planning commission's approval of the casino design plans, which include a 119-foot-tall parking garage.

Mayor Luke Ravenstahl said he agrees with the planning commission's decision and he's disappointed that Riverlife is taking the case to court, though he acknowledged the group has a right to pursue legal action.

The group is concerned that the garage will tower over the casino and spoil views of the city. It said the plan violates zoning code and differs from a plan initially presented to the public.

A zoning administrator has said the garage meets city requirements because it is considered part of the casino's structure.

Casino developer Don Barden agreed to install decorative screening on the side of the garage facing the Ohio River.

The $450 million casino is scheduled to open in May 2009 near Heinz Field and the Carnegie Science Center.

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