OCEANSIDE, Calif. (KGTV) - The battle over an approved hotel in Oceanside is entering a new chapter.

A group of residents are suing the city’s approval of the Fairfield Inn & Suites on Oceanside Blvd. near the I-5 Freeway.

Everett Delano filed the lawsuit on behalf of neighbors and says the project is a violation of the city’s zoning codes.

“They want to put a big hotel there that’s 3 or 4 stories tall and that doesn’t fit in the community,” said Delano.

The city’s planning commission rejected the plans earlier this year, but Oceanside City Council approved the project in May.

ABA Development is the group trying to build the 99-room hotel, but recently their incorporation status was called into question by residents.

A search of the company’s name in the California Secretary of State’s database shows ‘ABA Development’ has been forfeited.

“This developer is not even entitled to do business in California,“ said Delano, “it’s kind of amazing that the city would approve a developer that doesn’t even have the rights… in California right now.”

10News has reached out to ABA Development for comment, but has not heard back.

The City of Oceanside could not provide a comment before this story aired, but said they were working on one.

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