CARLISLE -- Penn State will have two more months to continue its plans for a new law school at University Park after a Cumberland County judge ruled in its favor at a preliminary hearing last Friday.

Judge Edward Guido denied a request for a preliminary injunction to halt the project's progress, just one part of a lawsuit filed Feb. 3 by three members of the Dickinson Law School Board of Governors to block the university's dual-campus plan. The full trial, where Guido will determine the merger's validity, will take place in May.

According to the lawsuit, filed by board members G. Thomas Miller, Leslie Anne Miller and Thomas Monteverde, the dual-campus plan violates the 1997 merger agreement between the two schools, which states that the Carlisle campus must remain the law school's primary location. The new plan guarantees the Carlisle campus's existence until June 2015 and would dissolve the Board of Governors by Aug. 1.

The majority of the seven-hour hearing consisted of testimony about the history of relations between the law school and Penn State.

Guido heard testimony from both Millers and Monteverde, as well as from board member Jason Kutulakis and law school dean Philip McConnaughay.

In addition, a written deposition transcribed from an interview with Penn State President Graham Spanier was entered into evidence, but not read aloud.

At the end of the hearing, Penn State attorney James Horne requested the injunction be denied because the law school project was at a "critical state" in terms of its fund raising and admission of future students.

Guido agreed and said progress on the project could continue until the full trial is held. That hearing will include any unheard testimony and arguments not covered in the two preliminary hearings held Feb. 18 and Mar. 4.

"I don't think that anything major is going to happen between now and then," Guido said. "We're not going to see any ground broken or construction started in the next two months."

He added that the Board of Governors previously had the power to reject the final agreement, but chose to approve it Feb. 26 by a 20-14 margin.

The plaintiffs' attorney Charles W. Rubendall II countered, saying a decision needs to be made because the Board of Governors is currently in an uncertain state since it may be dissolved after Aug. 1. He added that each day that passes without a definite causes the law school's reputation to "erode."

The final agreement sets a June 1 deadline for Gov. Ed Rendell to give $25 million in state funds for the project, or else it will become null and void and the 1997 merger agreement that would keep the Carslie campus open will stand.

Rendell can also set his own conditions for giving the money. If those conditions are not approved by Penn State, the final agreement will also become invalid.

Rendell spokesman Abe Amoros said a specific meeting date between the parties has yet to be determined.

In his testimony, Monteverde questioned Penn State's intentions for the law school, saying the university had a vision to build an "elite institution," something that counters the small town nature of the current law school.

"Penn State wants to build another big building for rich people to attend," he said. "I don't think any more schools like that are needed."

Penn State spokesman Bill Mahon said the university is confident Guido will rule in favor of Penn State when the full trial occurs in May.