Back in May, the city of Boise ordered two of the most deteriorated homes on Alto Via Court to be demolished at the owner’s expense.

Both homeowners are fighting back, saying the houses are evidence in ongoing litigation.

That matter was brought before a judge Monday.

If the city moves forward with demolishing the two homes in question, it can't do so until at least August 10, that's what Fourth District Judge Melissa Moody ruled.

MORE: City of Boise orders demolition of 2 Alto Via homes

Moody says this extra time will allow plaintiffs to collect evidence with video footage of the homes rather than actually using the homes themselves.

Judge Moody also said that if the homes are destroyed at some point, the owners will not be viewed as intentionally destroying evidence.

This evidence is in preparation for an upcoming lawsuit brought by the homeowners saying someone should have noticed the hillside was unstable before the houses were constructed.

"It went well, our preference would be that we have evidence maintained throughout the lawsuit and I think the reality is if the homes are destroyed, that those will be destroyed and we can't go back and look at them, but all in all we respect Judge Moody's opinion and we appreciate the extra time that she gave us," said attorney Chad Nicholson, who is representing the homeowners.

"Certainly the city's concerns all along has been public safety number one," said Colin Hickman with the City of Boise. "We've seen real recently with teens and onlookers and people that are just curious getting into those areas, and with all the unsafe conditions with the unsafe homes our number one concern is that somebody could get hurt seriously or even worse. Not to mention the concern for first responders that may have to go in and help rescue someone from that. It's just a real public safety concern." .

Homeowners are appealing the entire demolition process before city council at Tuesday's meeting.

If the city does decide to move forward, they can’t do so until at least August 10th, per Moody's ruling.

However, the city has already been taking demolition bids, which started July 18th.