(Las Vegas, NV) — The troubled Harmon Hotel could soon be a thing of the past.

District Judge Elizabeth Gonzalez ruled Thursday the 26-story tower on the Vegas Strip could be demolished by MGM Resorts. The company says the building would be unsafe in case of a strong earthquake.

The main contractor, Perini claimed the building could be retrofitted. Perini and MGM are at odds in a civil lawsuit over construction defects at the vacant 275-million-dollar hotel. An appeal is expected.