On Thursday, Circuit Judge Eugene Daugherity dismissed an Ottawa couple's effort to force The Times to provide identifying information about a person who they claim posted defamatory comments at the newspaper's Web site.

Donald and Janet Maxon want to identify the person who, under the screen name "FabFive from Ottawa," twice posted comments earlier this year at the end of stories, suggesting the Maxons bribed members of the Ottawa Plan Commission. The Maxons sought approval from the Commission to add rooms onto their house to accommodate a bed and breakfast. Several neighbors opposed their wish and the Maxons eventually gave up their plan after determining they were blocked by city ordinance.

The Maxons wanted the identifying information to file a libel lawsuit. Times Publisher John Newby said he would not supply the information unless there was a court order.

The Times' attorney, Katherine Licup of Chicago, filed a motion to have Daugherity dismiss the Maxons' request, arguing, in part, that no reasonable person would give any credence to comments posted online. The judge agreed.

"This is a screed by a writer that is nothing more than conjecture and surmise," Daugherity said, adding no reasonable person would believe the comments to be factual.

However, Daugherity did acknowledge he was navigating new legal ground and it would be worthwhile for the Third District Appellate Court to examine the case.

"I welcome another set of eyes to look at this," Daugherity said.

The Maxons' attorney, George "Skip" Hupp III, said after the hearing he conferred with his clients and they agreed to appeal.

"This is new law and the judge did a fine analysis, but I think the Appellate Court will disagree with him that the comment was more opinion than fact. The ordinary reader would take it to be factual."

A defamation lawsuit remains against Sue Wren, whom the Maxons say they identified -- without help from The Times -- as posting a defamatory comment under the screen name "birdie1." Wren spoke against the Maxons' wish for a bed and breakfast at an Ottawa Plan Commission hearing March 19. Darrell Seigler, the attorney for "birdie1," has filed a motion to dismiss the suit against Wren.

The Maxons dropped their action to determine the identity of another commenter, "Mary1955 from Ottawa." Hupp declined to say why.