Key parts of a lawsuit attempting to dismantle the city of Plano's comprehensive plan have been dismissed for now, but the courts could still rule on whether the Plano City Council must recognize a petition calling for a public vote on the plan.

The state's Fifth District Court of Appeals on Thursday dismissed claims against the city and council members and a requested judgment that would have required officials to suspend the Plano Tomorrow plan, re-adopt the city's 1986 strategic plan and call a special election. Although the suspension of Plano Tomorrow could be revisited in the future, the appeals court deemed the issue did not fall under the lower court's present jurisdiction.

Meanwhile, the appeals court left open a portion of the legal challenge that would require the city secretary to present a referendum on the strategic plan to the City Council.

"The question of whether this petition is valid has not been decided," Plano spokesman Steve Stoler said Friday in a statement.

Attorney Jack Ternan, who is representing the parties suing the city, called the appeals court's ruling "a victory" for referendum advocates in a statement Friday. Ternan maintains the current plan is being enforced in violation of the city charter—a claim the city denies.

"First, the Court held that the Plano City Secretary had no discretion to refuse to submit the voter petition to the City Council and that the trial court has jurisdiction to order compliance," Ternan said in a statement. "We hope that the City Secretary will now immediately comply with her obligation to present the citizen petition to the City Council.

"Second, the Court also held that the time for bringing suit against the City Council members is after the City Secretary presents the voter petition to the City Council."

The Plano City Council will hear a briefing Monday from the city staff on the city's next legal steps, Stoler said.

Editor's note: This story has been updated to add information from attorneys representing each side of the lawsuit.