It did not surprise Naughty But Nice owner Richard Osburn when his landlord presented him with an eviction notice.

The city has been threatening to shut down Osburn’s adult novelty store for the past seven years, so he says he has learned to be thankful for each day his business is open.

“It’s funny because people who I do business with and customers seem to be more worried about this than me,” Osburn said. “I’m like a duck on a pond – I let it all roll off my back.”

Osburn said his landlord asked him on Nov. 7 to vacate the premises by Nov. 30. When Osburn asked for at least 30 days notice, his landlord served him with an eviction notice on Nov. 17.

Osburn will face his landlord in court today in an eviction trial.

The landlord, Bruce Banning, said Osburn had been a good tenant until he did not follow through on the city’s order to relocate the business, and that is why Osburn is being evicted.

Banning said he served Osburn an eviction notice more than a year ago. He said Osburn was given the option to pay a reduced rent with multiple for-lease signs on the building or pay full rent with limited signs on the building. Osburn chose to pay full rent.

Osburn opened Naughty But Nice, 1741 Mass., in December 1999. After several of his neighbors complained to the city about the nature and the location of Osburn’s store, the City Commission passed an ordinance in July 2000 that limited adult novelty stores to be located along a highway, among other restrictions. The other adult novelty store in town, Priscilla’s, 1206 W. 23rd St., was allowed to remain in its location because 23rd Street also is Kansas Highway 10.

Naughty But Nice was given five years to relocate. After an unsuccessful search, Osburn decided to fight the city in court.

Osburn’s five-year grandfather clause expired in July 2005, and he has been to court with the city several times since. The next court date with the city is Feb. 14.

Jerry Little, city prosecutor, said the city would probably drop its suit against Osburn if he were evicted.

“Basically, our only intention is to get him out of the premises,” Little said.

If Osburn is not evicted, Little said the city would either seek a fine or request jail time. Little said the fine would be about $10,000. He said he was unsure what the maximum amount of jail time was for this type of case, but it was probably less than a year.

Osburn said his legal battle with the city is a case of elimination, not relocation.

“If there is a chance for me to move somewhere and still make money, they won’t approve it,” he said.

Osburn said his only rental option is a space in 10 Marketplace, 1800 23rd St., but it costs $4,000 a month to rent. He now pays $2,400 for rent.

Osburn said he tried to rent at other strip malls in Lawrence, but his application was either rejected by the building owners or by the city.

The city’s law restricts adult novelty stores to be 600 feet from homes, 1,000 feet from churches and schools and 1,500 from day cares.

Osburn said he believes the law was the work of City Manager David Corliss.

“This is his pet project,” Osburn said.

Corliss disagrees.

“I wouldn’t know him if he walked down the street,” Corliss said.

Corliss said the City Commission adopted the law because it wanted adult novelty stores to be along highways because of traffic volume and to get them away from a neighborhood setting.

Former City Commissioner Erv Hodges confirmed Corliss’ statements about the commission’s decision. He said the commission created the law in response to neighborhood complaints.

Osburn said he is not bothering anybody and is a good neighbor. Current neighbors agree.

“Right against our back fence is the Dairy Queen drive-through,” said Kate Gonzales, a Lawrence resident who lives on Vermont Street behind Naughty But Nice. “Having that against our backyard, for me, is more of a concern than Naughty But Nice.”

Melissa Rempfer, who lives directly behind Naughty But Nice, agreed with Gonzales and added that those who were concerned about Naughty But Nice’s location have moved away.