It's been more than 25 day since Golf Village Residents Association asked Delaware County Common Pleas Court for an emergency stay against Powell in the fight over a planned Target store.

It's been more than 25 day since Golf Village Residents Association asked Delaware County Common Pleas Court for an emergency stay against Powell in the fight over a planned Target store.

If it can't get what it wants from the court, the GVRA will make the same request of the Fifth District Court of Appeals.

As of press time Tuesday, common pleas Judge W. Duncan Whitney had not ruled on the request for a stay, a temporary legal order postponing proceedings.

GVRA wants the city's board of zoning appeals banned from holding further hearings on a Golf Village Target store until the appeals court rules on the group's appeal.

The association has asked the court of appeals to overturn a common pleas ruling that it cannot argue against Target before the BZA.

BZA hearings set for May 12 and 13 are expected to go on unless a stay is issued.

Chris E. Hogan, attorney for the GVRA, filed the stay request with common pleas on April 4.

Whitney could have ruled on the request as early as Monday -- the date set aside on the court calendar -- but is under no obligation to do so.

Hogan wrote, "A stay is necessary so that the GVRA can seek meaningful review of the court's ruling before the Powell BZA proceeds on the merits. If a stay is not entered, (the GVRA) will be denied the opportunity to participate in the merits hearing, and the resulting prejudice from such exclusion will not be mitigated by a later appeal."

Hogan said Tuesday that he expects Whitney to rule on the stay request soon.

In the event he doesn't, "then we'll proceed to the court of appeals and ask them to address the matter."

"Ordinarily you ask that the trial court address it first," Hogan said. "We have every intent of going to the (Fifth District) court of appeals if we don't get relief from the trial court."

Both the GVRA and another community group, the Community Oversight Foundation, -- along with about 70 nearby residents and the Liberty Township board of trustees -- seek to overturn the zoning certificate for the 132,873-square-foot Target store at 7525 Guardwell St., near the southeast corner of Home Road and Sawmill Parkway in Golf Village.

The BZA has agreed to hear appeals filed by about 70 residents of the Villas at Woodcutter condominiums.

Target site owner, Triangle Real Estate, and attorneys for the BZA have said the hearings should resume on the merits of the appeals filed by the nearby property owners.

Ben Albrecht, attorney for the BZA, wrote in an April 22 memo that proceeding with the hearings would not be harmful to GVRA because all Target opponents use the same argument.

He wrote, "All other individual appellants included with the GVRA's appeal regarding the issuance of the Target Zoning Certificate it is unlikely that the GVRA will be prejudiced in the event that the Powell BZA moves forward consistent with the court's decision."

BZA set hearings from 6-11 p.m. May 12 and 13, at the Village Green, 47 Hall St.