Two Elkton taxpayers seeking to stop the town from waiving major facilities fees for a developer building a senior citizen project on High Street will get their day in court, a Circuit Court judge ruled today. That decision came about after two attorneys for the municipality, arguing that the case did not have merit, filed a motion to have the suit dismissed. Judge J. Owen Wise ruled that the question of whether the town exceeded its authority in putting aside $150,000 in charges in connection with a Cecil Bank owned building on Collins Street and allowed those credits to be transferred to another corporation building a project on High Street, could move forward in the court.