A real possibility, it looks like, particularly after another hearing swings in Fairmount Properties' favor.

From Tonia Moxley and The Roanoke Times:

After more than four hours of legal wrangling and passionate testimony, on a 4-0 vote the Blacksburg Board of Zoning Appeals upheld the town's approval of site plans for a large chunk of the 40-acre First & Main retail project. Building permits for parts of the project have also been approved, and construction has begun on the site. Some stores could open by the fall, Fairmount Properties attorney Jim Cowan has said.

I still contend that the Town and Developer would be better-served to actually sit down together and work
things out, instead of costing the TAXPAYERS more money by fighting this out in court.  It doesn't look like all
this legal wrangling is doing any good – Fairmount Properties keeps winning every one.  What are we proving by losing every battle?  Buildings are starting to come out of the ground, let's get going (this picture taking on Monday, already much more progress has been done since then.  And my apologies to the red Ford Explorer that had to change lanes as I stopped in the middle of Main Street to get this shot).   Sit down with Fairmount, work out the differences, come to a compromise and move forward.  Because of the tenant mix and notoriety, this affects not only the citizens of Blacksburg but of all of the New River Valley, so do what's right for your community.

Can someone tell me why we should be doing otherwise?  Click on the "Comments" link at the bottom of this post and tell us your thoughts.