BOTETOURT CO., Va. -

A lawsuit against the town of Buchanan is moving forward.

WDBJ7 was the first to tell you earlier this year how business owner Ken Bray was suing the town for $2.8 million.

Bray says the town is keeping him from earning a living, after it refused to let him hold a teen dance at his Glow-A-Rama entertainment complex on Main Street.

The town says Bray didn't have a permit and it's against town code to have a teen dance.

A federal judge has set a hearing for August 1st.

At that point, Bray's attorney will have to back up the claims before the judge will decide if the case moves forward or is dismissed.