JACKSONVILLE, N.C. (WNCT) – The City of Jacksonville was in court Monday after filing a motion to dismiss a lawsuit challenging the restrictions on food trucks within city limits. 

The judge heard claims from both sides and, because of a technicality, the city will have to be served the lawsuit again in order for the case to move forward. 

“We’re talking about their fundamental rights to earn a living, and to be able to invite people on and off of their property,” said Bob Belden, an attorney with the Institute for Justice. 

Food truck owners came together in December to step up against the restrictions that keep them from operating in over 96% of the city. The restrictions include a truck’s inability to operate within 250 feet of another truck, restaurant or residential property.  

“Having a food truck at my business is a benefit to myself and my customers, therefore, a benefit to the economy. I’m hoping that the city will see that it’s proven beneficial, everywhere else that it’s been opened up,” said one of the plaintiffs in the lawsuit, Nicole Gonzalez. 

The judge ruled in court on Monday that the city was not served the lawsuit documents the right way. This is because the deputy who served the lawsuit didn’t check the correct box in the paperwork.  

“We believe, of course, that the judge made the right decision. And we look forward to if they ever get us properly served. This is of course the second time that they have tried to serve us. We will be able to address the other issues hopefully that will be dispositive of this case,” said Jacksonville City Attorney John Carter.

With this latest update, those who filed the suit said they plan to keep fighting. 

“It’s obviously frustrating for our clients to have this happen. But we respect the rules. And we want to make sure we follow them. And we’re going to, and we’ll get to the meat of this case,” said Belden.  

Another court date should be scheduled after the city gets served with the lawsuit again.