The Utah Supreme Court has upheld a lower court ruling that allows the former mayor of Eagle Mountain to sue the city for legal fees incurred during his embezzlement trial.

The Salt Lake Tribune reports the ruling was issued on Friday. The ruling allows a civil lawsuit to go forward in 4th District Court.

In 2008, Brian B. Olsen was acquitted in a misuse of public funds case. Olsen sought $120,000 in legal fees from the city. He sued in 2009, claiming state law provides for the payment of legal fees when a public official is prosecuted and acquitted.

Eagle Mountain contests Olsen's demand for fees and contends he didn't seek didn't submit a timely request for the city to defend him at trial, as is required under Utah law.