Published: May 05, 2010 11:00 AM EDT

CAPE CORAL, Fla. - There will be no new charges against a suspended Cape Coral city council member.

The state attorney's office says there wasn't enough evidence to file theft or fraud charges against Eric Grill.

"These two charges were currently hanging out there and they decided to clean up the case. Get rid of 'em," said Grill's attorney, Lee Hollander.

Grill was accused of taking $50,000 for construction work at Tropical Twisters Gymnastics, but never finishing the work.

While prosecutors decided not to file criminal charges related to that part of the case, Grill still faces a seperate felony count, charged with making false statements in a construction deal with Affordable Towing in the Cape.

"I don't understand how they're willing to prosecute on a lie and not willing to prosecute on a $50,000 loss to me," said Tropical Twisters owner Lisa Johnson.. "That doesn't make any sense to me. Especially when they have records."

Johnson does have a civil lawsuit filed against Grill to try to get her money back.

The next criminal hearing on the felony charge is scheduled for August.  If Grill is cleared of the charges, he could be allowed to return to his council seat.  Governor Crist suspended him earlier this year when the first felony charge was filed.