The city’s action to declare Wal-Mart a department store may be legal, but the process left much to be desired.

“Your role tonight is to determine the law,” Assistant City Manager Dave Corliss told the local Board of Zoning Appeals Thursday night, “not to grade the city.”

It’s a good thing, because the city staff probably would have gotten a failing grade.

The issue being discussed was whether Wal-Mart should be considered a “department” store or a “variety” store in the city-county zoning codes. The handling of this matter by the planning staff is an unfortunate example of why the city too often is depicted as a difficult place to do business and why elected officials must continue their efforts to make sure city government becomes more “user-friendly.”

The argument presented by the city in the quasi-judicial setting of the Board of Appeals Thursday night seems strong and follows a common-sense logic. Corliss told the board that department stores are prohibited at the Sixth Street and Wakarusa Drive site where a new Wal-Mart is seeking to locate. He even read a clear description of what qualifies as a department store. The description, which is part of the city codes, seems to place Wal-Mart firmly in the department store category.

The only problem is that the city didn’t offer its definition of a department store to Wal-Mart officials or developers of the property until well into the planning process. Developers had been working toward placing a Wal-Mart at this site for months but, according to their attorneys, no one in the city planning department raised any red flags or tried to define Wal-Mart as a department store until the retailer sought a building permit.

Corliss more or less confirmed this oversight but stood firm on his contention that despite the fact that city staff members failed in communicating this part of the law to the applicants, the law still applied and should be followed.

The Board of Zoning Appeals agreed and denied the Wal-Mart appeal. Now, the applicants are expected to appeal the ruling to Douglas County District Court to see whether the court agrees.

Most local residents probably would agree that Wal-Mart fits the description of a department store. Opponents to the store locating at Sixth and Wakarusa pointed out that Wal-Mart is listed in the yellow pages of phone books across the country as a department store, not a variety store.

But many local residents probably also agree with Board of Zoning Appeals members who said they didn’t think Wal-Mart officials had been treated well by the city. Any number of residential and business developers have stories to tell about how city planning officials have “changed the rules” on a project in midstream. Such inconsistencies cause needless hardship and expense for people trying to do business in Lawrence. Although developers usually work with attorneys who are competent to read codes and regulations, city officials should be able to spell out clearly the pertinent regulations so applicants know what requirements they must meet.

Whether or not their project conforms to city codes and eventually is built, the Wal-Mart developers have a legitimate complaint about how the city handled their application. The city may win the legal battle, but the fight to improve the city’s customer service obviously must continue.