The case is currently before the Virginia Supreme Court. Montogomery County hopes the decision will be to invalidate the public-private funding structure created by the state. The case was thrown out in a lower court, so the county pressed on to the higher court.
Reporter Jeff Sturgeon writes, "In spite of being the target of a lawsuit, the railroad bought some of the land for the project and demolished two houses, a barn and silo. But since those preliminary steps, it paused efforts to construct the Elliston yard."