Topeka ? A state judge has dismissed a lawsuit Westar Energy filed against a Topeka attorney about legal fees.

The dispute was about a five-year contract between Westar and attorney Donald Barry for legal services.

Just months before the contract was to expire last year, Westar sued Barry, saying that his fees were unreasonable. Westar said that under the terms of the contract, Barry would have received a $5.25 million “retirement benefit” at the end of the contract, according to court documents.

Barry said his fees were in compliance with the contract Westar had negotiated and executed.

Shawnee County District Court Judge Charles Andrews Jr. in a ruling earlier this week agreed with Barry. Andrews also ordered Westar attorney Martin Bregman to pay Barry’s legal expenses incurred as a result of an affidavit filed by Bregman in which he said he needed more time to work on the fact-gathering stage of the lawsuit.

Andrews said the facts Bregman wanted were facts Westar should have known before suing Barry.

Westar declined to comment on the judge’s decision or say whether it would appeal. Barry also declined to talk about the matter.

Barry is a member of the board of directors of Capital City Bank in Topeka, which in November was in the news when a federal grand jury indicted then-Westar president and chief executive David Wittig as well as former Capital City Bank president Clinton Odell “Del” Weidner II on charges that they defrauded the bank on a $1.5 million loan. Both men have said they are innocent.