JACKSONVILLE, N.C. (WNCT) — There has been an update on the food truck lawsuit against the City of Jacksonville.

Jacksonville has filed a motion to dismiss the lawsuit that was initially put out in December of last year. The original lawsuit filed by the food truck owners concerned the city’s restrictions on the trucks that prevented them from serving over 90% of the city.

The city’s code of ordinances says that food trucks are not allowed to operate within 250 feet of another truck, restaurant or residential property. There are also limits on advertising and annual permit fees of $300 if they are a resident.

This makes it difficult for food truck owners such as Joe and Amanda Broda, who own Joeves Pizza food truck. These ordinances have caused the Brodas to frequent Camp Lejeune and New River Air Station to be able to operate their truck.

“We just hope that they would stop discriminating against small businesses that are nothing but their neighbor’s just trying to make a living to support their family from the town we all live in,” said Joe Broda, a local food truck owner.

The Institute for Justice Law Firm helped food truck owners file the lawsuit, they are trying to help local owners in similar situations like Brodas.

“We want to get an order prohibiting the City of Jacksonville from continuing to enforce its regulations, not only against our clients but against any other, you know, reasonable safe property owners and small business owners who’d like to operate there,” said Bob Belden, an attorney with Institute for Justice.

A copy of the city’s motion to dismiss was sent to 9OYS. In it, there is a quote, “Lack of subject matter jurisdiction, insufficiency of process, and failure to state a claim upon which relief can be granted.

A hearing will be held on Monday, April 3 in Onslow Superior Court on this motion.