BLACKSBURG -- Persistence, and perhaps the threat of a lawsuit, paid off for Sonic lovers Tuesday night when the Blacksburg Town Council reversed an earlier decision and unanimously approved a Sonic Drive-In restaurant at the First & Main retail center along South Main Street.

The council denied Sonic's first application in June on a 4-3 vote, citing a lack of sidewalks, crosswalks and other pedestrian amenities. There also were concerns about noise from outdoor speakers and the pollution generated by cars idling at the drive-in.

Sonic and First & Main developer Fairmount Properties of Ohio struck back in July with a lawsuit alleging that the council's actions were discriminatory and an act of political retribution. Those allegations were related to an ongoing legal battle between the council and Fairmount over a 186,000-square-foot big-box store widely thought to be a Wal-Mart Supercenter that the developer wants to build on Country Club Drive.

To avoid more litigation, the council agreed to consider an amended application for the Sonic. Parts of the new application were negotiated in closed-door meetings.

The plan approved Tuesday contained a dozen conditions placed on the restaurant. The company must build sidewalk connections from its parking lot to adjacent restaurants and retail shops, and post signs that encourage customers to turn off their engines while ordering and eating.

Lighted signs -- except for small menu boards -- are not allowed on the building, and the outdoors "Sonic radio" broadcasts heard at most other locations are banned from the Blacksburg store.

Before voting, some council members explained their change of heart. Councilman Derek Myers said he believed the opening of a Blacksburg Sonic would discourage fans of the restaurant from trekking to Christiansburg, thereby reducing carbon emissions.

Councilwoman Susan Anderson said the second round of conditions placed on the restaurant's building and operations allayed most of her concerns about pedestrian access and safety.

Councilman Don Langrehr said the second application was a great improvement over the first plan and added that he wished Sonic had addressed the community concerns in its first application.

A handful of national retailers, including Coldwater Creek and Books-A-Million, have opened at First & Main since October. Several restaurants and other shops are under construction and are scheduled to open before Christmas.

Meanwhile, the big-box fight is set to go before the Virginia Supreme Court sometime during the week of Jan. 12, said Town Attorney Larry Spencer.