CLARKSVILLE, Tenn. (CLARKSVILLENOW) – The City of Clarksville’s legal battle with Blackhorse Pub & Brewery will keep going, now that the latest attempt to settle it has failed.

Councilman David Allen took the motion to the entire City Council, asking for a vote to settle the suit for $1.2 million.

It failed Thursday night 5-8. Voting to settle were Allen, Richard Garrett, Vondell Richmond, Wanda Smith and Travis Holleman. Voting against settling were Ron Erb, Tim Chandler, Valerie Guzman, Jeff Henley, Stacey Streetman, Gary Norris, Jeff Burkhart and Mayor Joe Pitts.

Jeff and Sherri Robinson have had a long-running lawsuit against the City of Clarksville involving their business, the Blackhorse Pub & Brewery on Franklin Street. The city and the Robinsons have disagreed on whether in 2002 the city, then under Mayor Johnny Piper, promised to build an alley behind the business, and, if it did, whether later city administrations were obligated to keep that promise. Other related disputes have come up along the way.

A federal lawsuit has also been filed by the Franklin Street Corporation, in addition to the initial suit. The settlement would have covered both suits.

“We have to count the costs,” Allen said to the council, arguing for settling the suit. “If we had counted the costs earlier, I guarantee we wouldn’t be sitting here dealing with this.”

“We cannot honestly say we’re good stewards when we’ve allowed this to happen and we don’t stop it,” he said.

He conceded that yes, $1.2 million is a lot of money, but he pointed out that the city has already “wasted” almost $1.5 million in legal fees on the lawsuit, which he said is striking considering that the city removed annual funding for nonprofits, which amounted to only $143,000 a year.

Allen was the only council member to speak up about the proposal. No one spoke against the settlement prior to the vote.