SLIPPERY ROCK — The building of a new Dollar General store on Franklin Street could be delayed by a lawsuit by the developer.

The lawsuit, filed last year by the property owner and developer Orion Development, asks a court to rule on an agreement that allows property owners on Center Street, which is behind the store, to use a so-called “paper alley” that abuts the Dollar General store and parking lot to the southwest.

Homeowners Christine and Vince DeLuca, who live at 327 Center St., say they use the paper alley — which is essentially a right of way that is not maintained by the borough — to park three travel trailers and access a detached garage on their property. The garage is not accessible from Center Street, the DeLucas say, and they have nowhere else to store the trailers.

As part of the project to build a new Dollar General store, project engineer Jeff Phillips said the current building would be razed and a 10,000-square-foot building would be built on the company’s one-acre parcel at 324 Franklin St. The project also would add a new parking lot and extend a retaining wall that holds back a hillside behind the current store.

Orion co-owner Frank Neely said the company is aware of a 1963 agreement between property owners and what was formerly a grocery store that allowed residents to drive across that business’ property to access the paper alley. But Orion believes the language in that agreement, which refers specifically to the grocery store, doesn’t apply to Dollar General.

“The way that the language is written, somebody needs to make a determination,” Neely said.

The DeLucas disagree, saying that the spirit of the agreement applies to Dollar General because it also sells food items and the agreement also references a parking lot, which is still in place.

“Dollar General might not be a grocery store, but you could live off the food down there,” Christine DeLuca said.

Neely said that Dollar General wants the new store built and open before the end of 2016.

Neely and project engineers, worried about not meeting Dollar General’s timeline, offered to install a temporary 10-foot right of way behind the extended retaining wall, saying that property owners would be allowed to use that until a court rules on the lawsuit.

The DeLucas refused that offer Tuesday, saying they want a ruling on the matter to avoid being surprised, as they were when Orion asked them to vacate the paper alley in August of 2015.

“The right of way has always been there, and everyone has always followed through with it,” DeLuca said.

“It’ll depreciate our house if we lose that access.”

The matter came before borough council on Tuesday because council members must vote to approve the project plans.

However, the litigation made some members nervous and open to waiting or voting to extend the 90-day time they have to vote on the project.

“Pending litigation to me, I’m sorry, is worthy of an extension,” said council member Bob Bowser.

Borough solicitor Neva Stotler said she would issue a recommendation to council members in the next two weeks, and the board would likely vote on the issue at its meeting in July.