J & S Properties and the city of Fairmont met in a civil case Wednesday in the Marion County Courthouse.
In court, J&S announced it wants out of a settlement concerning the property on which the city is building the new West Virginia National Guard building.
J&S said it believes the city didn't complete a deal that was made more than 40 years ago.
Judge David Janes gave both sides 10 days to decide what they want to do and work out the issues.
They have until 4 p.m. of Monday, February 25 to make a decision.