Natalia Contreras/Caller-Times FILE Abundant Life Fellowship Church is having a 210 foot tall cross constructed at Interstate 37 and Carbon Plant Road, across the highway from the Coastal Bend State Veterans Cemetery.

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By Krista M. Torralva of the Caller-Times

An atheist activist who sued a Corpus Christi pastor agreed to dismiss the suit and admitted it was meritless, according to an order signed Tuesday.

Patrick Greene, of San Antonio, initially filed a lawsuit against Rick Milby, pastor of Abundant Life Fellowship, and several city officials who attended a ground breaking for a 210 foot tall cross at Interstate 37 and Carbon Plant Road. The site is across the highway from the Coastal Bend State Veterans Cemetery.

In March, Greene said he would dismiss the suit because his wife was diagnosed with chronic kidney disease and osteoporosis.

But lawyers from First Liberty Institute, who represented Milby pro bono, filed a motion seeking sanctions against Greene and attorney fees.

A hearing on the matter was scheduled for Tuesday morning. Lawyers told 347th District Judge Missy Medary they reached an agreement with Greene late Monday night. Greene participated in the hearing by phone.

"We're glad that we're able to protect Pastor Milby's right to be able to go on with this mission but more importantly that we've been able to send a very good message now that you can't use the legal system to bully individuals with things that you just simply disagree with," said Jeremy Dys, a lawyer with First Liberty Institute.

The agreement includes a pledge from Greene that he would not file baseless lawsuits against Milby or others.

"Greene hereby acknowledges that Greene understands he can freely advocate his own beliefs — but that he must undertake caution when filing litigation that will burden both the individuals that he raises claims against as well as the justice system itself," according to the agreement.

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