Scott Kempe withdrew his injunction request to stop the city from taking down the invasive Australian pine trees since so many have already been removed.
Kempe and his attorney, Derrick Eihausen, sued the city last week over concern that the city did not get proper permits to protect burrowing owls and bald eagles at Jaycee Park.
"The day before construction began, they provided an update to permit application, and at that point, we knew they actually didn't have a permit because it was still pending with Florida Fish and Wildlife Commission," Eihausen said.
The city said a permit is not required to move the invasive trees.
"I watched citizen after citizen after citizen speak in regard to their objection for the plans of the major changes to Jaycee Park and watch the city be totally, and I mean totally, unresponsive," Kempe said.
With so many trees already removed, Eihausen said the motion they filed to stop this isn't worth it because the whole point was to protect wildlife.
They hope new faces in city leadership help improve the park.
Lauri Lehmann, winner of District 2, is already looking at ways to help.
"There were a lot of renovations that needed to be done at Jaycee Park," Lehmann said. "If part of the compromise is okay, no bandshell, no bar, bistro, put it in Festival Park."
She believes the city needs to protect wildlife.
Eihausen and Kempe are looking at other legal action they can take.