Farmington » In a 3-2 vote, the City Council here approved a 13-acre, mixed-use development Tuesday.

The project, west of Interstate 15 near the FrontRunner station, had frequently been discussed in Planning Commission meetings and was rejected by the Farmington City Council in August.

"I still feel the original decision was correct," said Councilman Cory Ritz, who voted against the measure, citing the earlier reasoning that there was too much housing.

The August decision led to a complaint filed in September, in which the project's developer Ron Martinez sued the city, alleging "backroom" dealings were involved in the rejection of his plan.

But the $25 million, high-density development -- to include office space, a restaurant, credit union, up to 191 apartment units and a trail along Clark Lane -- was ultimately approved by the City Council.

"I believe that puts an end to a long chapter," said Jeffrey Appel, the attorney for the America West Development project.

That end came with a change to the project: Altering the number of apartment units from 264 to 191.

The smaller number was part of the original plan -- "it was never supposed to be 264," Appel said, adding there had just been a typographical error.

The decrease in housing units was Councilman Sid Young's reason for approving the development. When the council first saw the proposal with the 264 homes, it exceeded the limits allowed on the transit-oriented development.

But with the change, "the lower density met the ordinance," Young said.

Before making their decision, council members held an hour-long closed session in which they discussed the pending litigation.

So will the lawsuit be dropped?

"We'll see," Appel said.