A trial involving whether the city illegally denied a building permit for a Wal-Mart at Sixth Street and Wakarusa Drive has been delayed until September.

An official with Douglas County District Judge Michael Malone confirmed today that the trial has been moved to Sept. 10. The trial was scheduled to start Monday morning, but Mayor Sue Hack sent a letter to attorneys for Wal-Mart and the property owners asking them to agree to delay the trial to give new city commissioners a chance to consider the Wal-Mart issue.

Hack said the continuance would provide time to schedule a Wal-Mart discussion on the city’s May 1 agenda.

It would be the first chance for the City Commission to have a public discussion since Rob Chestnut and Mike Dever were elected April 3. Chestnut and Dever replaced Commissioners Mike Rundle and David Schauner, who made up two-thirds of a majority that opposed the most recent plan to build a Wal-Mart at the site.

Hack said the May 1 agenda item would not include consideration of a specific development plan. Instead, it would be an opportunity for the city and the developer to openly discuss issues surrounding the project.

Attorneys for Wal-Mart and the property owners did not object to the delay of the trial. Malone received the request late Thursday evening, after attorneys from both sides called the court and said they wanted the delay. The judge granted the request today.

City commissioners did not take a formal vote to send the letter seeking the delay. Instead Hack sent the letter after commissioners had a closed-door executive session meeting at their Tuesday evening meeting, during which they discussed the Wal-Mart issue.