The Vienna town council voted 5 to 2 Monday night to reject a compromise in the three-year fight over a proposal to rezone the land behind the Marco Polo restaurant, town spokesman Marie Kisner said.

Restaurant owners Alfredo Pestana, Daniel J. Iannamico and Primo Belloli had offered to drop their lawsuit against the town, filed last year after the town council denied their request for commercial zoning on the land, if the town would agree to rezone the one-acre plot for transitional office use.

Transitional zoning would allow the restaurant owners to build the three town house offices they have proposed but prevent owners of property adjacent to their land from rezoning for a commercial use. Rezoning the site to commercial, which is what the restaurant owners are asking the courts to do, would allow adjacent landowners to rezone their land for transitional uses, which could erode part of the neighboring residential area.

But the majority of the town council members rejected the compromise offer, after residents from the Windover Heights Civic Association protested the compromise at a hearing last week. Council members Vincent J. Olson and Rodger Seeman voted against the measure, in effect approving of the compromise.