HUNTINGTON, W.Va. (WSAZ) -- The Cabell County School Board won't have to slow down their efforts to build a consolidated middle school, consolidating Enslow and Beverly Hill middle.

Cabell County Circuit Judge David Pancake heard opening arguments Wednesday and decided West Virginia law allowed the Cabell County School Board to proceed.

In July, a lawsuit was filed by four Huntington residents trying to stop the Cabell County School Board from building the new consolidated middle school on the University Heights property. Instead they wanted Huntington East High School used for the consolidated school.

In the lawsuit, the plaintiffs say voters should decide where the new school should be built as stated in the 1990 bond call. The plaintiffs think the new site should be put to a ballot.

They are also wanting to protect a historic building that is located on the property.

Judge Pancake set an arguments and decision date of February 12, 2010. In essence ruling the site was appropriate and they used appropriate means to acquire it.

In the meantime the Cabell County School Board can continue their work.

In August, the school board completed deal with the Prestera Center to buy the property off U.S. 60 behind the WV State Police barracks.

Back in November 2008, Prestera outbid the school board for the property that Marshall University owned at the time.

But in January, the school board voted to use eminent domain to get the property.

That paperwork was never filed because the two sides reached an agreement.

The board paid nearly 2.5 million dollars to close the deal.