Developers can't sue Blacksburg Town Council for applying new restrictions to a South Main Street redevelopment plan that includes a big-box store widely thought to be a Wal-Mart -- at least not yet.

Montgomery County Circuit Judge Bobby Turk ruled Monday that Fairmount Properties of Ohio and two local landowners must appeal to the town's Board of Zoning Appeals before continuing with the suit.

The suit, filed May 10, asks the court to protect the 40-acre South Main project, including a so-far unnamed 186,000-square-foot retail store, from the town's recently adopted Ordinance 1450.

"I think Judge Turk's decision was appropriate," Councilman Don Langrehr said Thursday. Langrehr proposed the ordinance, which requires developers to apply for a special use permit to build any retail building larger than 80,000 square feet. It passed unanimously May 30.

Fairmount principal Adam Fishman said he respects the judge's decision and he and his partners "will go through the additional steps he suggested."

Those steps include Fairmount arguing its case before the Board of Zoning Appeals. The company filed an appeal with the board this week, a town official confirmed. A hearing date has not been set.

Fairmount's representatives say the ordinance unfairly targets their project and violates their right to develop the property. They argue a 2006 rezoning that paved the way for the project trumps the new ordinance.

Zoning Administrator Steve Hundley ruled last month that the rezoning does not exempt Fairmount and partners from the new ordinance. Town Attorney Larry Spencer said he is working to set a meeting of the board to take up the appeal.