Three dozen Franklin Park residents will not face a civil trial on a complaint charging them with making frivolous objections to a townhouse project.

Allegheny County Common Pleas Judge Robert Horgos on Monday dismissed the suit brought by developers Rose Mance and Diane Wroblewski against neighbors of the site.

Judge Horgos, however, made no decision on the developers' complaint that Franklin Park and several municipal officials unnecessarily delayed the project.

William Weiler, the lawyer for the developers, said he was disappointed with the ruling to drop the neighbors from the suit. He said his clients had made no decision on whether they would appeal.

The decision to include those who opposed the project led some to ask whether the legal action had been taken to discourage people from exercising free-speech rights. Such suits are known as SLAPP, an acronym for "strategic lawsuit against public participation."

Mr. Weiler was unapologetic. Opponents had no right to complain about the project, he said, because his clients were seeking to build townhouses in an area the borough had zoned long ago for such a use. The site is between Interstate 79 and Aldon Drive, just east of Nicholson Road.

By delaying the project, they cost the developers money, he said.

Judge Horgos, however, rejected the developers' request for punitive damages and legal fees from the neighbors.

Franklin Park Manager Ambrose Rocca had no comment, noting that the issue was still in litigation.

The dispute began more than three years ago when council rejected a proposal by the developers to build double homes and one single-family home on 4.7 acres in the northern part of the borough.

Most of the tract was zoned R-3, on which duplexes, townhouses and garden apartments are permitted.

The borough's planning commission, however, recommended against approval. Council also heard from a lawyer representing nearby residents who said the project would hurt the character of the neighborhood.

Ms. Mance and Ms. Wroblewski appealed to Allegheny County Common Pleas Court, which ruled the borough had no valid reason to turn down the plans. They have since sold the tract to another developer, and the borough has issued building permits to allow the work to begin.