SIOUX CITY, Iowa (KCAU) — A Woodbury County judge has ruled that there is merit for a temporary injunction hearing for Navigator Heartland Greenway, LLC’s lawsuit against land owners that are refusing to allow them to conduct surveys.

In a court hearing Wednesday morning, a judge heard from representatives for Navigator and the Hulses family on whether or not a hearing should be set for a temporary injunction giving Navigator permission to survey the Hulse’s land in Woodbury County.

Navigator is claiming that they are entitled to do this survey as a utility, but the Hulses are claiming that even in the act of survey, they are taking something and require eminent domain.

The Hulses are also claiming that they have not been properly notified by Navigator for the surveying. Navigator said that the Hauls refused to be notified.

Navigator is hoping to do the surveying before this winter in order to reach deadlines that they claim are for filing to the utility board.

The judge said the hearing will be scheduled “in a week or two”.