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Ben Atchley Street, a Bearden road at the center of controversy between business owners, will remain closed, at least for the time being.

The short street runs between Buttermilk Sky Pie Shop and the former Back Yard Burgers location in the shopping center near Homberg Drive.

City Council voted in May 2013 to close the street to attract retailer Anthropologie to the area, upsetting nearby business owners who said the closure hurt visibility and access for customers. A lawsuit was filed in attempt to block the closure. The lawsuit went to chancery court where a judge dismissed it.

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Developer Tony Cappiello said the judgment favors him and the city. He says the dismissal clears the way for the city to issue the transfer of its interest to his company. By state law, Cappiello says control over the road would be shared between the two property owners it splits, and he owns property on both sides of the road.

Cappiello says the dismissal clears him to move forward with his development plans. He says he is working with engineers to coordinate the best way to develop the property.

So far, Cappiello's plans for Ben Atchley Street include either putting in a parkway or closing down the street entirely to give the shopping center a unified development with a pedestrian-friendly feel. If he does keep the street open, he's considering adding speed bumps or cobblestones to increase accessibility but prevent cars from speeding through the development.

His plans also include tearing down the Back Yard Burger building, and he's not sure what tenant they'll attract for that location.

Cappiello says he has no set time frame right now to move forward with development plans. He says he's currently working with the mayor's office to get paperwork taken care of.

It's likely construction won't begin until after the first of the year.

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