Donald Trump may get the basement he wants for his proposed Jones Beach restaurant and catering hall after all.

The state told Trump last month he couldn?t expand the basement because the site of the project is on a flood plain, but a judge put the idea back on the table in court Tuesday. Trump is now negotiating in court with the state over elements of the plan, including the basement.

Judge Leonard Austin made suggestions for the project that include a basement, despite the state board?s decision. Trump?s development team had proposed building a second floor if the basement couldn?t be used. It also suggested expanding the single-story building.

The idea of a second floor idea is being considered. All sides are still negotiating but Trump?s attorneys say they expect to be back with a new plan in a few weeks.

Trumpto sue over denial of permit for restaurantBoardsays 'no' to basement for Trump restaurant