An appeals court has affirmed a lower court decision allowing the City Gospel Mission to relocate its facility to Queensgate.

The homeless shelter is planning to move from Over The Rhine to property located on Dalton Avenue.

Several neighboring Queensgate businesses and property owners, who oppose the relocation, filed a lawsuit in 2011 challenging a City Council action that allowed the plan to move forward.

Council passed a "notwithstanding ordinance" to allow the facility on Dalton Avenue since a special assistance shelter was not permitted in the zoning classification for the property.

A Hamilton County Common Pleas Court Judge had ruled in City Gospel Mission's favor with a summary judgment.

The Ohio First District Court of Appeals opinion said the Queensgate business and property owners "have not raised any genuine issues of material fact in support of their constitutional attack upon the notwithstanding ordinance in their capacity as neighboring businesses and property owners."

Judge J. Howard Sundermann authored the opinion with Judges Hendon and Cunningham concurring.