James Rohr again will try to prove in Fauquier Circuit Court that the county board of supervisors violated its comprehensive plan and zoning ordinance in approving plans for a Costco store near New Baltimore.

Rohr, who lives less than a half mile from the proposed Cross Creek Shopping Center, which calls for a 148,000-square-foot Costco, filed a suit in December against the supervisors and developer Cross Creek Investments LLC to stop the project.

Last month, Judge Jeff Parker rejected most of Rohr’s arguments.

But Parker did determine that Rohr had "standing," or a legal right, to provide evidence that the board had acted "capriciously and arbitrarily" in granting Cross Creek Investments special-exception permits to develop the 39-acre shopping center site, as he had alleged in the original suit.