Archive for Wednesday, April 11, 2007

Wal-Mart case ruling favorable for city

April 11, 2007


Douglas County District Court Judge Michael Malone ruled in the city's favor late Tuesday afternoon on an issue related to what arguments can be made in a lawsuit regarding a proposed Wal-Mart store at Sixth Street and Wakarusa Drive.

Malone sided with the city by ruling that the plaintiffs in the case - Wal-Mart and developers who the own the land - must prove that the city's Board of Zoning Appeals did not act reasonably when upholding the denial of a building permit for the project.

Wal-Mart attorneys had argued that they should be able to present evidence showing that the Board of Zoning Appeals did not correctly apply specific city codes and ordinances.

Tuesday's City Commission meeting was the last before the trial is set to begin Monday. Commissioners gave no indication that they're looking to settle the case. Commissioners met behind closed doors for about 40 minutes with the attorney representing them in the case.

Commissioners also canceled a meeting scheduled for Monday with the county and school district so staff members could attend the trial.


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