i think that the key issue that has been raised is this is a defacton, demo and it has been raised on appeal. it is right hand 317 there are three ways that you can be considered a demolition, first is you are truly a demolition, and dbi has you processed a permit for demolition, that is number one. number two, is that 50 percent of the front and rear facade and 50 percent of the walls are removed and that is measured at the feet at the foundation level and 50 percent of all vertical and horizontal surfaces measured as area and the project sponsor has provided calculations showing that they will retain enough of the building such that it is not considered a demolition under planning code 317. these concerns were raised at the planning commission hearing that this was a defacto demo and the planning commission did not feel that there were compelling arguments to consider that at the time. and we have not yet seen any arguments from the appellant that would find this to be a defacto demo, if they were able to exceed the scope of work and demolish more of the building than they are showi