Developer sues city

Harold Shephard made good Wednesday on his public promise to sue City Hall.

Shephard filed the suit in Douglas County District Court, claiming the Lawrence City Commission unfairly rejected his plans to build an apartment complex at Seventh and Wisconsin streets.

The commission’s decision was inconsistent with city zoning rules, and thus “singled out the plaintiff for different treatment than that afforded others in similar situations,” Shephard’s attorney, Price Banks — the city’s former planning director — wrote in the filing.

City officials would not comment Wednesday afternoon.

Commissioners in August rejected a site plan for the proposed 25-unit building, after nearby residents said it was incompatible with their neighborhood and that the apartments would add too much traffic to their streets.

The project was opposed by the surrounding Hillcrest, Pinckney and Old West Lawrence neighborhood associations.

Commissioners in July also approved a six-month moratorium on new construction in the area after agreeing to the neighborhoods’ request to create an “area plan” to guide growth there.

Shephard threatened commissioners with a lawsuit at their Aug. 24 meeting.

“I’m charging you with different treatment. I don’t intend to be treated this way,” Shephard said at the time. “I don’t know which way or how to sue you, but I will be suing the city.”

Shephard, who is black, said outside that meeting he wasn’t suggesting that race played a role in his different treatment, but antipathy generated by years of development in Lawrence

No hearing was scheduled in the lawsuit.