Three of six charges of unlawful towing against Michael Fitzgerald, owner of NI Towing, were dismissed Nov. 2 because of witness unavailability on part of the city of DeKalb.

However, the case has been continued until Dec. 12 in order to try by jury the three remaining charges. DeKalb City Attorney Ron Matekaitis said the continuance was issued because there were insufficient jurors to hear the case.

Court records indicate the dismissed charges include two counts of removal of a vehicle from private property, at 118 S. Seventh St., without first obtaining written permission from the property owner or other person in lawful control or possession of the property.

The third count dismissed charged that Fitzgerald denied immediate release of a relocated vehicle after the owner demanded release and payment was made.

Remaining charges against Fitzgerald include removal of a vehicle from an authorized parking spot in the Amber Manor parking lot, 807-833 Ridge Road, and failure to provide a written statement to inform the vehicle owner of his rights and means of recourse, court records state.

Failure to post name, business address and phone number of the city manager or his designee to which inquiries or complaints may be sent is the third charge pending against Fitzgerald.