A defamation lawsuit filed by Davis County burn plant operations manager Jack Schmidt against a state air quality official has been dismissed.

But negotiations between Schmidt and supervisors of Division of Air Quality official Marvin Maxell to resolve differences are continuing and the suit could be refiled, said Schmidt's attorney, Larry Jenkins.Second District Judge Rodney S. Page granted Schmidt's request to dismiss the suit.

Schmidt sued Maxell after he allegedly made slanderous remarks against Schmidt during a meeting of the Davis Clear Air Committee. The meeting was called after the Davis burn plant was cited for emissions violations.

Schmidt said a garbled recording, secretly made by burn plant employees attending the meeting, caught Maxell calling Schmidt a "smooth talker" who could talk himself out of situations.

But Mark Graham, who hosted the April meeting, said Maxell never said those things and that he videotaped the meeting. Graham's tape was subpoenaed, but he resisted turning the tape over. He justified his refusal by saying that burn plant officials resisted his requests for certain documents.