(AP) — A judge has dismissed the Omaha firefighter union’s lawsuit against the city that sought to prevent cuts to the fire department budget.

Douglas County Judge James Gleason wrote in a ruling issued Monday that the union’s argument that Mayor Jean Stothert’s proposed 2014 budget would harm public safety were premature.

Stothert has proposed layoffs and taking rigs out of service, prompting the union to claim the moves would conflict with the city’s obligations under a collective-bargaining agreement.

But Gleason ruled that the union can’t make legal arguments until the City Council approves a budget.

Stothert says in a statement that she agreed with the judge’s decision and added “we did not think that there was any merit to the allegations in the lawsuit.”