The debate in Northville surrounding street closures downtown has reached a new boiling point.

On July 9, a judge sided with the group Let's Open Northville in a lawsuit stating the city's seasonal street closures in place since the COVID-19 pandemic are illegal and ordered Center Street and Main Street to reopen indefinitely.

The only time a closure is allowed is for festivals, parades and special events.

According to attorney Kyle Konwinski, who represents Let's Open Northville, that doesn't include on-street dining.

"Concrete, permanent barriers to effectuate on street dining ... in our opinion, that clearly violates the order. I mean, those are permanent structures that cannot be moved readily," said Konwinski.

Last week, the nonprofit filed an emergency motion to shut down on-street dining. It's a frustration for restaurant owners like Phil Zakaria at Center Street Grill, who rely on their outdoor patio.

"Every day we have a new rule, new this, new that we have to adapt to. The extra tables outside bring in that extra revenue and helps us get through the wintertime. So, not having these tables will definitely hurt us," Zakaria said. "This is something that even before COVID was going on, I believe nine or 10 years. There were platforms, people were taking the parklets, and we were paying the city for them."

The city sent CBS News Detroit a statement announcing this week that the city plans to appeal the judge's decision after an outpouring of community support, while fully complying with the court order as the appeal process moves forward.

"We think the city's appeal is completely meritless. I mean, we held a trial. The judge heard and saw, and evaluated witnesses and the credibility and the strength of their testimony, and the judge made factual findings. We're going to vigorously defend it. When the time comes to us to file an appeal in the court of appeals, we're going to make sure we're prepared to and put our best foot forward," said Konwinski.

Meanwhile for Zakaria, he is taking it day by day.

"Really I'm just looking for what are the rules, what are the answers going to be, can we follow them, and can we just keep it that way," Zakaria said. 

CBS News Detroit was told there is a hearing on Wednesday, Aug. 6, to discuss the motion filed by Let's Open Northville involving on-street dining. If the judge finds merit in the group's motion, the judge can set a further hearing to determine if the city is in contempt.

You can read the full statement from the city of Northville below:

After careful review by the Northville City Council, the City of Northville will appeal a July 9 Wayne County Court decision requiring seasonally closed downtown streets to reopen. The decision came from a combination of factors including the outpour of community support for seasonal street closure through letters, phone calls, and comments by residents at the July 15 and July 29 council meetings.

The City believes the trial court's interpretation of its authority to manage and utilize public streets for community and economic development warrants further judicial review.

The City also believes that seasonal, spring-summer street closure has supported community engagement, enhanced public safety within the downtown social district, and contributed to the vitality and economic growth of Northville's downtown.

The Wayne County Court ruling establishes a precedent that may significantly limit the City's authority to manage public assets in the future and sets permanent limitations affecting decision making and community planning for years to come.

Northville's City Council is elected by residents of Northville to represent their interests and make decisions on their behalf. Upholding the ability of elected officials to set public policy, rather than delegating those decisions to legal actions from an individual or group of individuals is essential to effective local governance. Preserving the ability of elected officials to respond to community needs is critical to maintaining a healthy and functional representative government at the local level.

As the appeal process moves forward, the City will continue to fully comply with the court's order, which included reopening Main and Center Streets, effective July 14.

The City's legal expenses related to this case are largely covered by its municipal liability pooled coverage. The City met its obligations related to the legal expense early in the case, and any future costs associated with the appeal will continue to be handled through that coverage. As a result, this appeal is not being funded by the City's general fund.

City officials and Downtown Development Authority (DDA) officials have been actively communicating with downtown businesses affected by the court's order to provide guidance and support, as some have invested in outdoor infrastructure and staffing based on seasonal street closure.

The DDA will continue to evaluate the scheduled summer events and will adjust plans where necessary. The court's order allows for temporary closures of downtown streets for festivals, parades and special events.

Updates on the appeal will be communicated as they become available.

Downtown Northville remains a thriving, walkable destination, and the City and DDA remain committed to supporting its businesses, promoting economic development, and maintaining the historic character and vibrancy of the community.