"Do not let your sympathy for Mr. Fitzgerald or your faith in him cause you to be uncautious in this matter," he said before turning to Michael Fitzgerald. "Some of these folks have lived a good life, and we're not sure how long before they go onto a better life. I want to see something happen in their lifetime."

If Michael Fitzgerald doesn't comply and pay restitution — with significant strides by a Dec. 22 review hearing — incarceration remains an option.

"We need to get our money back," said Tracy Padgett, after the judge ruled. "We're very pleased with this."

They're hoping that by allowing Michael Fitzgerald to develop an area called Clearview and splitting the profits with the landowners, they might be able to patch their lives back together.

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