In 1985, Haberman received a variance from the city to build four 10-story condo and co-op buildings along a waterfront block of Shore Road, with a total of 432 units. That led to the construction of one of the first luxury condo developments in the city, the 126-unit Sea Pointe Towers, at 360 Shore Road, operated by the Xander Corporation and designed to be part of the four-tower complex, between Lincoln and Monroe boulevards.

“When the Haberman project was initially approved in the 1980s, the project was hailed as an extremely positive development for Long Beach, which had needed additional tax revenue and jobs,” said Haberman’s attorney, Scott Mollen.

Permits to build the remaining three towers were issued in the late 1980s, but the project languished for years amid various disputes with the city. Haberman was prepared to construct a second building in 2003 — Sea Pointe Towers II — but the Xander Corporation petitioned the board to revoke the permit, which it did, Mollen said.

“We believe the [Sea Pointe Towers] unit owners were concerned about parking, sharing the swimming pool and the views,” said Mollen. “However, the Habermans had obtained approvals for their project and had invested millions of dollars.”

Scott Nigro, an attorney representing the Xander Corporation, did not return a call seeking comment.

Haberman’s building permits were revoked in 2003, according to court documents, based on the zoning board’s finding that a modification to permits it issued in 1992, extending the terms of the variances, was unenforceable because it had not been brought before the board for ratification. The case has been wending its way through the courts ever since.

“This ruling represents a unanimous decision by the Appellate Division that the Habermans are entitled to proceed with their lawsuit against the city, based on their claims of depravation of their civil and property rights … also for violation of due process, breach of contract and to seek damages,” Mollen said.

He added that Morelli took part in the public hearings for the project in 2003, but failed to disclose that he was living in Sea Pointe Towers.