Walmart battle moves back into court

A Douglas County judge on Friday said the city must make its officials and records available to plaintiffs’ lawyers in lawsuits filed over City Hall’s refusal to allow a Wal-Mart store at Sixth Street and Wakarusa Drive.

Attorneys for the city had asked Douglas County District Judge Michael Malone to quash subpoenas for City Manager Mike Wildgen, Assistant City Manager Dave Corliss, Planning Director Linda Finger and Neighborhood Resources Director Victor Torres.

R. Scott Beeler, an attorney for the city, denied the city is trying to delay resolution of the lawsuits by hiding its records.

“We want to get to the essence of this issue,” Beeler said. “We’re not delaying anything.”

Beeler said there was already plenty of evidence available from existing public records for Malone to decide the case.

But attorneys for Wal-Mart and 6Wak Land Investments, the landowner, told Malone that state law allows attorneys substantial access to possible evidence in a lawsuit.

“They’re a public institution,” Wal-Mart attorney Timothy Sear said. “We’re entitled to know what they’re up to.”

Malone agreed, ruling against the city’s motions.

The next scheduled hearing in the case is Feb. 19.


For more on this story, pick up a copy of Saturday’s Journal-World.