Three and counting.

That's the number of court cases filed so far in the epic drama of Fairmount Properties of Ohio v. Blacksburg.

Late Wednesday, Fairmount attorneys filed an appeal in Montgomery County Circuit Court asking a judge to force the Blacksburg Town Council to approve the construction of a proposed Sonic drive-in restaurant at 1430 S. Main St.

The filing alleges that in voting down a special-use permit last month that would have allowed the construction of the Sonic, the town council unfairly discriminated against both Fairmount and Sonic Corp.

The council has in the recent past approved similar special-use permits for other restaurants, including a Wendy's across the street from the site of the proposed Sonic. But on a 4-3 vote in June, the council rejected the Sonic plan, citing concerns over pedestrian access and safety, traffic flow and congestion, and even worries about the level of pollution from idling cars at the drive-in.

"This difference has nothing to do with public health, safety, or welfare," Fairmount's filing alleges. "It is political retribution for Fairmount's successful challenge of the Town Council's previous improper actions towards the First & Main project."

Blacksburg Town Attorney Larry Spencer had no comment on the contents of the filing Wednesday. But Spencer said he plans to discuss the matter with the council at a closed meeting Tuesday. Town officials may comment after that meeting, he said.

Since 2006, the council and Fairmount have been locked in a fight over a 40-acre commercial redevelopment project on the town's southern commercial gateway. The most controversial part of the project is a big-box retail store widely thought to be a Wal-Mart Supercenter that Fairmount wants to build along Country Club Drive.

The town has so far spent $147,000 on legal fees fighting the big-box store, including a pending request for an appeal to the Virginia Supreme Court.

In 2007, Fairmount won a Montgomery County Circuit Court challenge of Ordinance 1450, which the council passed after Fairmount submitted site plans for the 186,000-square-foot, big-box store. The ordinance requires a special-use permit for any retail building larger than 80,000 square feet.

Meanwhile, phase one of the First & Main project, including various retail stores and restaurants, is under construction and is scheduled to open in the fall. The Sonic was to have been part of phase one. On Aug. 5, the town's planning commission is scheduled to hear public comments on another special-use permit for phase one, this one for an Arby's restaurant at 1450 S. Main St.