A federal judge dismissed a $30 million lawsuit filed by a Yorktown businessman who had accused town officials of unfairly blocking approval for his Mohegan Lake winery.

"I'm disappointed by the judge's decision, but you have to look at it as one battle we lost," says entrepreneur Tom DeChiaro.

Councilman Nick Bianco, who was a party to the civil rights suit, says DeChiaro never submitted the mandatory paperwork to open the winery at St. George and doesn't have Yorktown's approval.

"That's the process, that's how it works," Bianco says.

DeChiaro says he still hopes to get approval and will appeal the judge's decision only as a last resort. Town Supervisor Rick Peters says he also hopes the winery, which was completed in 2007, will eventually open its doors.

"If he goes through all the proper channels and the boards, and does what he had to do, I think it could be [possible]," Peters says.