A lawsuit challenging Roanoke City’s sale of Fishburn Park’s cottage to a couple opening a coffee shop has been dismissed by a Roanoke judge.

Owen McGuire, who lives beside the park, sued the city and a business run by Justin and Keri vanBlaricom in September, alleging the city’s sale was improper.

Earlier this month, Circuit Court Judge David Carson ruled in favor of the city, agreeing that McGuire lacked the standing and justification to sue. Gary Bowman, McGuire’s attorney, said he has appealed that decision.