NASHVILLE, Tenn. -- A Nashville judge heard arguments Monday morning in the battle over land for the controversial downtown convention center project.

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The Metro Development and Housing Agency is in the process of trying to claim land for the project using eminent domain, but business Tower Investments is suing the agency.

The issue of whether MDHA has the right to take property in the footprint of the convention center may not be decided for at least a month. The lawyers representing four property owners objected to the condemnation hearings going forward because all the parties have not been served in time.

The business owners' lawyers argued Monday that Metro doesn't have the right to take their land for a project that the council hasn't approved.

"This project is one that troubles the Council," said Clark Tidwell. "They haven't even decided if they want to do it yet."

Some council members, such as Jerry Maynard, have asked for a moratorium, saying asking why they would sue to get land that Metro may not develop.

"The downside: we buy the land and we displace businesses. We either put them out of business, or they have to move," said Councilman Jerry Maynard.

If the convention project falls apart, Metro can't legally use the land for anything else unless it first pays off the $75 million it's borrowing to buy the land.

"So once we get the land , it is restricted use, and if we don't approve of the convention center, we have to pay off that debt before we can use that land freely," said Maynard.

Metro, Maynard said he fears, could end up with a giant vacant lot it can't use for years.

In April, MDHA's Phil Ryan told the council that all of the property owners were willing to sell.

"We're not foreseeing anything drawn out," said Ryan.

Ryan at first said the land would be purchased by the summer of 2009.

Metro Council originally voted to spend $75 million acquiring the land. That does not include the cost of more land that may be needed to buy to build a hotel.

The case will be continued until Dec. 11. That could delay MDHA's building schedule, as it wanted to start bulldozing the site in early January.

Tower Investments owns a six-acre parking lot near the Sommet Center. MDHA started eminent domain proceedings last month to buy that land, offering Tower Investments $60 a square foot.

The business owners said while they don't oppose the project, they believe they're not getting a fair offer. They also claim MDHA doesn't have the authority to take the land, since the project has not been approved by the Metro Council.

So far, MDHA's legal bills for the condemnation proceedings have topped $106,000.

The financing package for the planned convention center is scheduled to be presented in early December, with a financing resolution recommendation to be made in mid-January.