Lance Shaner, who on Jan. 24 filed legal action demanding a $250,000 donation to The Second Mile be returned to him, said on Friday he will withdraw the lawsuit.

In a news release from a marketing firm representing both Lance and Ellen Shaner, and State College-based Shaner Corp., the businessman and former Second Mile board member said he will delay his suit even though he thinks it has merit.

“I have decided to delay litigating this matter while the Second Mile works through the process of determining what it can do to honor donative intent reflected in the gift agreements it had with donors like myself,” Shaner wrote.

Shaner’s lawsuit presented documents showing his donation was made for the specific purpose of building a learning center. Claiming that project is no longer likely to move forward, Shaner demanded a return of the donation. The suit also named the commonwealth and the Attorney General’s Office as defendants; The Second Mile cannot release any of its funds without the Attorney General’s approval.

The Second Mile may also be blocked from giving the donation back to Shaner by another lawsuit, which before it was settled privately, sought to preserve the charity’s assets for compensatory payments to the alleged victims.

“I believe there is a very important legal precedent at stake in this matter. It is my view that donations made for a specific purpose need to be utilized per the agreement between the donor and the charity,” Shaner wrote in his news release.

“The failure to honor this principle could adversely impact the willingness of donors to make significant directed charitable donations to Pennsylvania charities,” Shaner continued.

Any refund Shaner receives from The Second Mile will in turn be donated to the Centre County United Way, the news release said.

As of Friday afternoon, Shaner’s lawsuit had not been withdrawn, according to the Centre County Prothonotary’s Office.

Second Mile spokesman Eric Herman, of the public relations firm Bur-son- Marsteller, wrote in an email, “The Second Mile appreciates Lance’s cooperation and support as we finalize our plans for the future.”