ALBEMARLE COUNTY, Va. (WVIR) - An Albemarle Circuit Court judge says she needs more evidence in order to make a decision in the Foxfield lawsuit.

Judge Cheryl Higgins is calling for discovery in the case, which means she has questions that can only be answered by obtaining more facts and evidence.

The lawsuit alleges the CEO of the Foxfield Racing Association is considering selling the property to create a housing development.

Plaintiffs claim that selling the land would go against the final wishes of the original owner and founding Foxfield Racing President Mariann Tejada, who passed away in 1983. They argue Tejada's will created a charitable trust, which prevents any sale of the property.

“Now on some of the other issues that were raised, the judge very clearly signaled that she would like to hear more evidence in the case, that's fine with us. The more evidence that comes out, the more it's going to show that Mrs. Tejada intended to create a trust,” said plaintiff's attorney Bill Hurd.

Attorneys for the defense declined to comment.

The two sides are discussing the possibility of a settlement.