The rejection of building permits for a planned development at Sixth Street and Wakarusa Drive that would include a new Wal-Mart was fair and legal, the city said in response to lawsuits filed in the case.

“The decision of the (Lawrence Board of Zoning Appeals) in this case was lawful,” attorney Gerald Cooley wrote in court documents filed Friday.

Wal-Mart and 6Wak Land Investments LLC each filed suit appealing October’s decision by the Board of Zoning Appeals to uphold the city’s decision in August to deny building permits for the northwest corner of Sixth Street and Wakarusa Drive. 6Wak owns the land; Wal-Mart wants to build there.

In the suits, the plaintiffs said the appeals board, which is appointed by the Lawrence City Commission, unfairly approved the permit denial. 6Wak and Wal-Mart had asked to subpoena witnesses and put evidence before the board in a trial-type situation. The board denied that request.

In Friday’s filing, Cooley said the board acted appropriately.

The board “is not a court of law and does not possess the power or authority to subpoena witnesses or compel their testimony,” Cooley wrote.

He added: “Based on the record established before it, the decision of the (board) was reasonable.”

The city says Wal-Mart should not be allowed to build at Sixth Street and Wakarusa Drive because the retailer is a department store prohibited by the site’s zoning.

The plaintiffs say Wal-Mart is a variety store allowed under the rules.

No court hearings have been scheduled in the cases.