MARBLEHEAD – KSS Realty has won the first round in a battle over their special permit for a 45-unit condominium development on the Salem-Marblehead line.Boston Land Court Judge Charles Trombly denied two March 19 motions filed by eight Robert Road homeowners who overlook the development site. The homeowners sought a stop-work injunction on the KSS plan to build 33 market value and 12 affordable condominium homes on the former Chadwick Lead Mills property under Chapter 40B.Robert Kalis, a plaintiff who is representing himself and his neighbors, sought a court order to prevent any work on the property until National Lead, the present owner, has the property clean-up underway.”The judge denied both of Mr. Kalis’s motions and granted mine to allow us entry to the property,” said Attorney Carl King, the KSS lawyer.The denial means the case can be heard in court – but King said he plans to file a motion this summer seeking a summary judgment, a finding in KSS’s favor that will forestall any trial. “We’ll see what happens with that,” he said.King said he met with Kalis Monday morning to discuss the depositions that he wishes to take for his case and they agreed that he will depose one person in each of the four households involved, in Marblehead during May.”We’re pleased with the judge’s reaction,” King said. “It reflects the law as it is, and we will move forward and seek a speedy trial.”National Lead is the current owner of the property. KSS has a purchase and sale agreement with National Lead and plans to purchase the property once National Lead removes the lead from the soil. The clean-up will begin with the harbor, which must be cleaned between Oct. 1 and Feb. 15. If the cleaners miss that date this year they must wait until Oct. 1, 2009 to begin.Kalis said after arguing his motion nearly two weeks ago that KSS should not start any brush removal until October-November this year, to make sure the clean-up is being performed.”I’m not that disappointed,” Kalis said. “The judge denied the motions. I would have liked everything delayed but he wouldn’t grant that, and I got what I wanted. (Attorney) King wanted documents from all of us, he agreed to accept a letter from me with a list of the documents I have in my possession. He wanted to do depositions in Boston on all eight people, he agreed to depose four in Marblehead, and I’ll do my depositions in June.”