TOPEKA, Kan. - A Topeka developer's lawsuit against the City could be dismissed.

Gene Jani is suing over the city council denying a zoning change for a proposed development at 34th and Fairlawn.

Jani bought the site where a southwest Topeka church was destroyed by fire, and asked the council to rezone it for housing and development.

The trial was scheduled to begin Tuesday, Sept. 2. On Tuesday, the city's attorney, Gregory Lee, filed a motion for the lawsuit's dismissal.

It is under review and no other court date has been set.