The Virginia Supreme Court has scheduled oral arguments on the petitions filed by BURG and by the Town of Blacksburg, appealing the decision of Circuit Court Judge Bobby Turk. On January 24th, 2008, Judge Turk ruled that the developers of "First & Main" had vested rights, giving them immunity from the provision of Blacksburg Ordinance 1450.

Both BURG, on behalf of 20 residents of Blacksburg who live close to the disputed site, and the Town of Blacksburg appealed Turk's decision. On August 27, the Supreme Court will hear oral arguments on those appeals. Both parties will have ten minutes to present their cases, in addition to the written petitions that both have filed. The court will then decide, probably within a few weeks, whether to accept the appeal, and will then set a date for a hearing.