The case will go to trial on its other claims Oct. 21 before 4th Judicial Circuit Judge Mary Ann Gunn.

Fayetteville City Attorney Kit Williams said that it is very important that the civil rights claim has been dismissed. The city has always maintained that it did not violate anyone's civil rights in this case, he said.

"Fayetteville takes the civil rights of its citizens very seriously,"Williams said. "We have strongly tried to support the civil rights of our employees and citizens."

The case is proceeding to trial against the city on the claims of inverse condemnation, he said. Romine is also suing two neighbors.

The city has filed motions to reconsider a motion for summary judgment that would effectively dismiss Romine's other claims of outrage, assault and battery.

Gunn ruled in August that Fayetteville cannot be sued for punitive damages because state statues do not allow it and taxpayers could be unfairly punished.

The Arkansas Supreme Court ruled in June that David Jurgens, the city's water and wastewater director, has immunity and should be dismissed from the lawsuit. Gunn has signed an order dismissing him from the lawsuit.

Kyle T. Unser, Romine's attorney, said Romine does not allege that Fayetteville had an unconstitutional policy, and the primary thrust of her civil rights claims was against Jurgens. Since the Supreme Court resolved those issues, there is no point in maintaining the allegations against the city, he said.

In order for a municipality to be liable for damages under the Arkansas Civil Rights Act, a plaintiff must demonstrate an unconstitutional policy or a practice "so widespread that it has the force of law,"he said.