The Industrial Development Board heard from both sides of the argument Thursday.
Last month Chancellor Frank Brown voided the decision to use the TIF funding for the project.
He said discussions about the project violated the sunshine law.
After hearing from both sides, the IDB went into a closed door meeting.
Helen Burns Sharp is the plaintiff in the lawsuit against the Black Creek Mountain development project. She said, "My issue is spending taxpayer dollars on a road up the mountain that will only, in my view, benefit the people who live there and not the public."
Developer Doug Stein said, "The road’s not going to be built this year. It wasn’t scheduled to be built any time very soon. We’re continuing, we’re grading for 96 lots right now."
The IDB plans to hold an open meeting on the Black Creek Mountain project in a few weeks.
The Board should render its decision at that time.