The issue focused on the idea of using air rights to build a new federal prison in federal land, as well as possible legal issues and political implications.

A court could still block the plan. The Justice Department has said it will fight any effort to move forward.

Gus Hosein, an attorney for the lawyers who brought the lawsuit, said he was concerned that if the land is used for a federal prison, "it's only going to be one thing: law enforcement and criminal justice."