Attorneys for Blake Smith, developer of Virginia Highlands LLC, have filed a peremptory challenge to District Judge William A. Maddox.
The challenge was filed in the First Judicial District Court on Oct. 9.
Smith is suing Storey County over the county commission's rejection of the proposed Cordevista subdivision.
Virginia Highlands LLC, had filed a petition for judicial review requesting that the court overturn the decision of the Storey County commissioners to deny a request for a master plan amendment and zone change and order the county to approve the applications.
A spokesman for Judge Maddox said the case would be assigned to another judge.
Smith is also seeking court costs, attorneys fees and damages in excess of $10,000.