FORT WAYNE, Ind. (WOWO): A legal fight over a seat on the Allen County Council has ended.

Special Judge Craig Bobay has ruled against Democrat Palermo Galindo’s petition against the election win of late Republican candidate Roy Buskirk, according to Fort Wayne’s NBC. Buskirk died just a few days before the November election, but received enough votes for re-election to his seat. Galindo came in fourth, and sued, saying that since Buskirk had died the votes he got should not have counted.

Republicans argued that Buskirk’s win gave them a right to appoint a successor, and they did, appointing Justin Busch to the seat. The judge’s ruling means that appointment will stand.