Earlier this year, the judge said that Councilors were not immune from paying legal fees if the city ended up losing the lawsuit. Legal analyst Scott Goodman:
"The legislature has made it clear that councilors just can't vote to do whatever they want and not be accountable for the consequences of what they do is completely contrary to the law, if they're spending money they have no right to spend."
Now, Judge Richard Moore says the city councilors didn't commit gross negligence and didn't appropriate any funds.
"I think Judge Moore saved the city and certainly the court system a great deal of wasted time."
The case goes to trial in September.