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Date of Issue: March 17, 2005

Motion to dismiss now with judge

The opposing factions in a lawsuit against Holmes Beach and Frank Davis of 5422 Marina Drive have apparently agreed to end their dispute, at least over one issue.

A motion to dismiss the lawsuit brought by adjacent landowners Barbara Coloney and Ruthanne McLean against the city and Davis for two variances granted, height and side setback, has been filed with circuit court Judge Marc Gilner.

According to attorney Greg Hootman, who represents the city in the actions, the two sides "have agreed to the dismissal, without prejudice" of the complaint filed by McLean/Coloney. Davis recently withdrew his previously granted variances for height and side setback, making the challenges moot. Gilner is expected to take action on the motion later this week.

However, a petition filed by McLean/Coloney challenging the city's grant of a "lot-width variance" to Davis is still pending. A hearing date on that case is set for Oct. 28.