Fresh fireworks erupted Wednesday in the battle over the future of Sixth Street and Wakarusa Drive — but only on paper, where attorneys on both sides traded allegations and harsh words.

The Lawrence-Douglas County Planning Commission did not take up the city’s proposal to rezone the intersection’s northwest corner to stave off a planned Wal-Mart store for the site; other items crowded the issue off the agenda until next week.

That didn’t stop attorneys with both sides from filing letters with the commission Wednesday.

“The rezoning is part of a plan to deny 6Wak (the landowner) and Wal-Mart of its property rights,” 6Wak attorney James Bowers Jr. wrote. “You should not participate in this plan.”

Assistant City Manager David Corliss responded with a letter saying 6Wak was asking commissioners not to do their duty.

“We trust you will ignore that ill-conceived request,” Corliss wrote.

Wal-Mart’s application for a permit to build a 132,000-square-foot store was rejected by the city in August. The Board of Zoning Appeals will hear the store’s appeal Oct. 2.

Under the plan that was to have been considered Wednesday, the city seeks to cap all development at the site to 154,000 square feet — and the size of the biggest store to 80,000 square feet.

On Tuesday, Douglas County District Judge Michael Malone rejected developers’ request to prohibit the Planning Commission from discussing the issue.

In the request for deferral Wednesday, Bowers suggested that Malone wanted to issue the restraining order.

“Judge Malone indicated that he had been prepared to issue the temporary restraining order, and would have issued the injunction but for his belief that he does not have jurisdiction over the matter,” Bowers wrote.

He added: “6Wak asks that the Planning Commission follow Judge Malone’s example, by not exercising jurisdiction under questionable circumstances, and err on the side of caution by deferring consideration of these items.”

Corliss cried foul. Malone said he was prepared to order the restraining order, Corliss said, until he heard the city’s arguments against it. Bowers’ characterization of Malone’s comments, he said, was a “fabrication.”

“That letter grossly misstates the rulings of the court,” Corliss said. “We are deeply concerned that counsel for 6Wak Land Investments would intentionally misrepresent these rulings in the letter to you.”

Planning commissioners did not get far enough into the agenda Wednesday to resolve the matter. At the meeting’s outset, though, Commissioner Ernie Angino said the commission should not hear the issue while litigation was still pending.

He said he would abstain from the discussion. But he added he might vote on the issue anyway.

“I reserve that right,” he said.

The commission will hear the matter 6:30 p.m. Oct. 1 at City Hall.