SWAMPSCOTT – After two years of delays and court action, a restaurant owner has decided he will not proceed with plans for a new eatery on Humphrey Street.Beverly Farms resident Joseph Leone, who owns the Black Cow Tap & Grill in Newburyport and Hamilton, wanted to tear down Papa John’s and build a new restaurant called Woodstone on the site. But abutters challenged the project and went so far as to file a civil lawsuit.Attorney Carl Goodman, who represents Leone, confirmed Woodstone would not be opening at the former Papa John’s location.”Woodstone will not be going forward,” he said. “Lengthy delays as a result of the (court) appeal make it no longer feasible.”The Zoning Board of Appeals approved the project in July 2006 and the Selectmen granted the proposed establishment a liquor license on two separate occasions. The case was scheduled for trial in state land court this month.Abutters have complained about the Papa John’s site for years, claiming it is an eyesore and a source of vermin in the neighborhood.Attorney William DiMento, who represents the abutters in the civil suit, said the neighbors were not trying to keep anything from going in there.”The neighbors only wanted protection,” he said. “Had the developer given them protection, it (Woodstone) would be open now. The neighbors wanted noise abatement and an assurance there would not be live entertainment.”Selectman Marc Paster said he is very disappointed Woodstone would not be going forward.”It would have been a great addition to Humphrey Street,” he said. “The existing building is a rat infested, dilapidated building. If it was torn down and Woodstone built it would improve the area and increase tax revenue. I feel we all lost out.”