The owners of an Iowa Street business went to court Friday seeking a restraining order and temporary injunction against the city of Lawrence to halt the condemnation of their property so a frontage road could be constructed to serve the planned Wal-Mart store.
Richard J. and Sherryl L. Wright, who own and operate Wright's Wallcoverings at 3216 Iowa, filed the petition in Douglas County District Court. The Wrights are asking the court to permanently prohibit the city from using the power of eminent domain to acquire their property. The Wright's contend the city cannot rely on eminent domain in this case because the land acquisition is not for a public purpose.
The Wrights also asked the court to prohibit the city from using the power of domain to acquire the property, asserting the city's May 20 suit that sought condemnation was void because the city allegedly does not have the authority to acquire the property in this manner.
On April 28, the Lawrence City Commission approved an ordinance that ordered condemnation of the building.
A hearing on the city's original suit is scheduled at 4:30 p.m. Tuesday.