Dublin City Council has requested the Supreme Court overturn a stay on an order jailing Priory Hall developer Tom McFeely and fining him €1m.
The order to imprison Mr McFeely for three months was made by the President of the High Court last November for failing to carry out remedial fire safety works at the North Dublin apartments.
The Council is arguing that there was no basis for a subsequent stay on the order, which was granted by the Supreme Cour, pending an appeal by the developer.
The application to lift the stay will be heard in two weeks' time.
Evacuated Priory Hall resident Graham Usher has given a guarded welcome to the move.
"It's not going to solve the financial problems that we are facing, it's not going to get us back into our homes," he said.
"But at least it would be some sort of moral victory."