Another lawsuit against the developer of the troubled BayView project in Suttons Bay has been resolved out of court.

Norbert and Shelly Baumgartner of Saginaw County had sued developer Marcus W. Yono and his two companies, Suttons Point Development L.L.C. and Livingston Building Company, for "fraud" and "misrepresentation" among other charges in connection with the couple’s purchase of a BayView condo unit.

The couple had put a $73,900 deposit down on a BayView condo unit. In August 2007 they asked Circuit Court judge Philip E. Rodgers Jr. to rescind their purchase agreement and impose an "equitable lien" on a condo unit to secure the developer’s repayment of the deposit.

The judge closed the case on Feb. 7, noting that the parties had "resolved all claims."

At the beginning of 2007, there were nine Circuit Court cases pending against the BayView developer; now there are only five. Two are from people who also want their deposits back on BayView units, one is a potential class action suit from a number of BayView condo owners, one is from a furniture supplier, and one is from a bank foreclosing on a mortgage the developer took out on a BayView unit.