GALENA, Kan. (AP) — A special prosecutor has asked a judge to throw out felony charges against seven elected officials in southeast Kansas accusing them of misusing public funds.

The Joplin Globe ) reports prosecutor Jennifer Brunetti filed a two-page motion in Cherokee County District Court this week saying the alleged conduct of the defendants doesn’t qualify as misuse of public funds.

Galena Mayor Dale Oglesby and six current or former city council members were accused of misusing funds in June 2013 by purchasing property for the city to settle a private-party lawsuit against companies owned by a business partner of the mayor.

Brunetti said in a motion filed Wednesday that the charge of misusing public funds doesn’t include actions such as the Galena City Council’s vote to settle the lawsuit.