Attorneys for Stuff Recycling and local planning officials are due back in court Thursday for a possible partial ruling in the case.

Following a hearing in the case in October, Clark Circuit Judge Brandy Oliver Brown said she would begin considering the case Nov. 11, after both sides had time to submit legal briefs and responses.

According to court records, Thursday’s date is for a motion for a partial summary judgment or setting a hearing date in the case.

The suit revolves around a 2012 decision by the Board of Adjustments which limited the size of the business to its then-current footprint and recycling operations to behind the buildings.

Earlier this year, the Board of Adjustments expanded on that decision by restricting the use of the property in front of the buildings to employee and customer parking.

The business, which recycles metal and other materials, was grandfathered into the B-4 zone as a legal non-conforming use of the property.

Attorneys for Stuff argue the board has no authority over how the company operates, aside from enforcing the 2012 decision.scope.

The dispute also includes a one-acre parcel purchased by Stuff after the 2012 decision. Stuff attorneys said use of the parcel falls under current B-4 zoning restrictions and was not grandfathered in.

The business on Lexington Road has been the subject of much discussion in the last 18 months, following a fire in June 2018 which burned for three days. Neighbors have complained about the size of the business and the noise, as well as pollution concerns.