CENTRAL – A lawsuit that would have prevented construction a 700-unit property development in Central was dismissed Friday morning.

Mike Mannino, one of the neighbors suing, said Judge Fields dismissed the lawsuit because the plaintiffs did not provide any witnesses.

Manino’s attorney said that the group plans to appeal the decision immediately.

Three Central residents sued Mayor Jr. Shelton and four city council members over the Settlement at Shoe Creek development. The plans call for 150 acres of apartments, town homes, retail outlets and restaurants.

The plaintiffs claim that the project violates city laws because it has almost six times the allowed number of apartments and uses a different traffic study than the one originally approved.

City leaders said that they’ve done everything by the books.

Shelton called the lawsuit a “heinous attempt to stall progress” in Central.

"They're allowed to do more because they did more in the subdivisions as far as amenities,” Shelton said. “When you do certain things like a fishing lake, fishing pier, walking trails and more green space you're allowed to build denser."

Shelton has described the complex as a “city within a city.” The neighborhood will be at the middle of town off Sullivan Rd. and is estimated to take five to seven years to complete construction.