WASHINGTON (AP) — A federal appeals court is allowing President Donald Trump to continue building a $400 million ballroom at the White House, ruling a day after a lower court judge continued to block above-ground construction on the site of the former East Wing.

A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit late Friday put on temporary hold the order by U.S. District Judge Richard Leon halting part of the project. The panel scheduled a hearing for June 5 to review the case.

In his ruling Thursday, Leon continued to block above-ground construction of the 90,000-square-foot (8,400-square-meter) ballroom addition while allowing only below-ground work to continue on a bunker and other “national security facilities” at the site.

Trump tore down the East Wing last fall to build the massive ballroom in that space. The National Trust for Historic Preservation later sued to block construction, arguing that Trump had overstepped his authority by moving forward with the project without first getting approval from key federal agencies and Congress.

Leon ruled in favor of the nonprofit group at the end of March, but put his decision on hold for a brief period while allowing the underground work to continue. The administration appealed.

Trump has said the ballroom is a long-overdue addition to the White House complex and argues that he has the right to build it because the cost will be covered by donations from wealthy individuals and corporations, though taxpayer dollars will pay for the security aspects.