With their Costco appeal, nine Ridgeland residents will finally get their day in front of the state Supreme Court early next year.

Oral arguments before the State Supreme Court in the case of Gerald Emmett Beard et al v. City of Ridgeland are set for Feb. 5 at 1:30 p.m.

The notice lists Justices Michael K. Randolph and James W. Kitchens as the presiding justices. Each side will be allowed 30 minutes to deliver their oral arguments or be allowed to submit briefs alone without oral argument.

Beard is joined by eight other homeowners in the city of Ridgeland including; Charles Jules Michel, Harold Joseph Byrd, Nils Kerem Mungan, George Thatcher Shepard Jr, Matthew Denson DeShazo, William M. Aden, Thomas I. Rice III  and Joel G. Payne Jr.

The case takes issue with changes made in 2016 to the city’s zoning ordinance. The plaintiffs claim the changes were “spot zoning” made to accommodate the upcoming and controversial Costco development. the specific change included allowing properties zoned C-2 to build gas stations and fast food restaurants.

Opponents argue this was specifically made for Costco and that such a development would unduly increase traffic in the area which would cause undue wear and tear on the roads and infrastructure and potentially devalue property in the area.

Madison County Circuit Court Judge John Emfinger ruled in the city’s favor in April that would allow the development on the Highland Colony to go forward.

Earlier this summer the Mississippi Supreme Court denied a motion that would have expedited the case, citing “no good cause.”

Most recently, on Oct. 23, the Court ruled against a motion by the city to strike information that allegedly had not been considered in circuit court, when Judge Emfinger ruled in favor of the city.

The Supreme Court proceeding will stream live from the website.

Mayor Gene McGee said Tuesday evening that there was little he could say pertaining to ongoing litigation, but said that the city and their attorney, Jerry Mills, had been notified on Monday that date had been set for

“We just got this notice in the mail on Monday, I believe, and I think it was officially issued on December 1,” McGee said.