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Archive for Thursday, October 9, 2008

Neighbors of proposed industrial park near Farmers Turnpike file lawsuit, say city acted illegally

Industrial park planned near Lecompton interchange

Neighbors of a proposed industrial park near the Lecompton interchange of the Kansas Turnpike filed a lawsuit Thursday in Douglas County District Court alleging that the city acted illegally in August when it rezoned the 155-acre site from agricultural to industrial. This photo of the property, taken in June, looks south toward the Lecompton interchange.

Neighbors of a proposed industrial park near the Lecompton interchange of the Kansas Turnpike filed a lawsuit Thursday in Douglas County District Court alleging that the city acted illegally in August when it rezoned the 155-acre site from agricultural to industrial. This photo of the property, taken in June, looks south toward the Lecompton interchange.

October 9, 2008

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Neighbors file suit over rezoning

Neighbors of the proposed 155-acre industrial park near the Lecompton interchange on Interstate 70 filed a lawsuit. The group alleged that the city acted illegally when rezoning their area. Enlarge video

The battle over a proposed industrial park near the Lecompton interchange of the Kansas Turnpike is being waged on a new front.

Neighbors of the proposed site filed a lawsuit Thursday in Douglas County District Court alleging that the city acted illegally when rezoning the 155-acre site from agricultural to industrial.

Neighbors in the area have long felt that the city did not have the authority to rezone the property unless city commissioners first adopted a new sector plan for the entire area near the interchange.

"It is clear the plan should have been done first and everything else should have flowed from that," said Dave Ross, president of the Scenic Riverway Community Association, which is the lead plaintiff in the suit. "But the city is intent on putting the cart before the horse."

The city's development code does contain language that says a plan "shall be prepared and adopted prior to review" of any rezoning for property that lacks water or sewer service.

The city previously has conceded that no sector plan has been approved for the property - which is just north of the interchange - and that the property has no city water service and no sewer service of any kind.

On Thursday, the city's director of legal services, declined to comment on the lawsuit, other than to say the city would defend the legality of the rezoning.

But previously, Scott McCullough - the director of planning and development services for the city - said he did not believe the provision of the code in question applied because the developer is not asking for city water or sewer service.

Neighbors have argued the city did not have the authority to set aside the code provision requiring a sector plan be completed.

The development group, which is led by Lawrence businessmen Duane and Steve Schwada, has said it will figure out ways to provide water and sewer service to the site without tapping into the city's services.

The neighborhood group earlier this year filed a separate lawsuit alleging that Douglas County illegally allowed the city of Lawrence to annex the property, even though the 155 acres is not contiguous to the Lawrence city limits. That lawsuit is still awaiting resolution. If neighbors prevail in that suit, the city's rezoning actions would be considered null and void.

Comments

somebodynew 5 years, 6 months ago

K, thank you bozo, just wasn't sure.

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just_another_bozo_on_this_bus 5 years, 6 months ago

Definitely not directed at you, somebodynew.

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somebodynew 5 years, 6 months ago

bozo - if that is directed at me, I have no idea what you are refering to. If it was directed at 458 I might, but not positive. That is if 458 is who I think he is.

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Michael Capra 5 years, 6 months ago

ada in your space and we wont do biz with your uncle ever.losers

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just_another_bozo_on_this_bus 5 years, 6 months ago

"I would just bet that if the City tried to skirt the rules near where you live"Would that still be Overbrook?

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somebodynew 5 years, 6 months ago

It may (or may not) be more than hippy does in his lifetime - but what you are choosing to ignore (on purpose I am sure) is the fact that this effects a lot of people who live there and is not being done by the City's own rules and guidlines.I would just bet that if the City tried to skirt the rules near where you live it would be a big deal, no matter who the "investment group" consisted of.

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Michael Capra 5 years, 6 months ago

well hippy Iq thats more than you will ever do in your lifetime.DA

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hipper_than_hip 5 years, 6 months ago

And what does him having 43 employees have to do with bringing new jobs to Lawrence? Duane has said on the record that all he has planned for this property is to find someone who wants to build there, he'll sell it to that person, and then he'll walk away. I really don't think he cares if the building is vacant or full or burns down after he makes the sale. Don't try to put him on a pedestal because he's not worthy.

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Michael Capra 5 years, 6 months ago

hippy its 43 as for all the companys he rents to 3800 and you must have a white cane if you cant see the amount of buildings on 155 ac and how many jobs they will bring.and as for forthcoming they were you must have not went to all the meetings that were held.oh thats right you couldnt make it you were too buzy doing the secret hand shake with bozo

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Michael Capra 5 years, 6 months ago

look how many miles away all these people live from the site and you would not say directly affected and yes it is political look at rundle bundle and ermilings web site impac.as for you bozo try again. Iq 10 as always

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Pilgrim 5 years, 6 months ago

Looks like another waaambulance run to me.

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somebodynew 5 years, 6 months ago

458- The ones behind the lawsuit are the people who LIVE there and will be directly affected by this. It is not some big political conspiracy or vendetta against the Schwadas. And maybe if the "development group" would be open and forth coming with their plans there might not be so much distrust by the neighbors, but the Schwadas are not going to do that.Darn bozo this must be an exceptional day. Two different threads that I agree with you on. Who would have thought ???

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just_another_bozo_on_this_bus 5 years, 6 months ago

You know 458, if you were a better plumber, you wouldn't need to suck up to the Schwadas and the Comptons just to get jobs.

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Chris Ogle 5 years, 6 months ago

One thing you can count on in good-ol Lawrence:Anything proposed, by anyone, will be opposed by some group of folks. Right or wrong that's good-ol Lawrence.

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hipper_than_hip 5 years, 6 months ago

458: we're still waiting on those employment numbers from schwada. i'm curious as to what relationship the number of schwada employees has with the issue of creating new jobs in lawrence and/or douglas county.

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Michael Capra 5 years, 6 months ago

ok lets see who is behind this lawsuit.Jim hainse ex ceo of weststar smoke stack king,rick stein,james bagget,margarete ermiling,and the rundle bundel gangs leader david ross chemical dumper PUROZONES POSTER CHILD

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westingmouse 5 years, 6 months ago

458casul: you obviously don't know much about Purozone! They supply cleaning supplies and cleaning chemicals, and have been preaching "green" cleaning for longer than most people even heard of it. They're a great company to work with, and have been a Lawrence employer since the 1940's. They don't have anything to do with the lawsuit, Ross just works there.

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password 5 years, 6 months ago

why do they keep on building when they can't even take care of what they already have?

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Moderate_Republican 5 years, 6 months ago

It's a wetland! Northern Crayfish Frogs throw off your chains and unite!

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macon47 5 years, 6 months ago

if i spent the money for an acreage outnear lecompton, i wouldn notwant this development eithernot in my back yardotherwise, i think it is great

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hawkperchedatriverfront 5 years, 6 months ago

Thanks to Swada, Delaware street was developed south of 15th, And thebuildings house SRS and other government agencies. Lots of employees there too and rent is paid and property taxes being paid at least in the inception. I have not followed ownership lately.I bet if Duane had his way all over, he would have found some other tenants. In my opinion, all of the local complainers for the most part work at KU or have ties to the teat community of employment.

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crackers 5 years, 6 months ago

ljworld May 1999Capra said the gas company is checking to see if the service T was faulty."When a tap comes off, there's nothing you could do," said Capra, who went to eat at the Burrito King down the street after the gas started escaping.

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hipper_than_hip 5 years, 6 months ago

ok 458 I'll bite; how many people does schwada employ? I'll guess less than 20 full-time employees.

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Michael Capra 5 years, 6 months ago

so hip how many people do they employ comeon tell us I know

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hipper_than_hip 5 years, 6 months ago

schwada isn't interested in creating jobs; he's interested in developing land for building sites. he buys property, finds someone who wants to put a building on it, builds the building, sells the land, and walks away. he cares not what kind of jobs are created, or how many jobs are created.

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Michael Capra 5 years, 6 months ago

thellman said she would cut more funds from the 4h kids thats a smart choice

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Michael Capra 5 years, 6 months ago

your right my bad . ross is a salesman for purozone dumping chemicals all over the world how can that be bad. now here is schwada trying to create jobs in douglas county and mr chemical dumper says no. what is worse

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Richard Heckler 5 years, 6 months ago

I want to thank the people involved in this matter for taking on this unpopular task. Of course citizens should not feel compelled to do this but uncontrolled and irresponsible growth decisions demand such activity. Another way to get better government would be to vote in the proper candidates who are not connected to the development community. Ken Grotewiel and Nancy Thellman appear to be two that seem to be good choices thus far. While I would vote for either of these two candidates it is understood all of their votes on growth will not make me happy. However the over riding factor is the fact they appear to be independent of local corporate special interests. Nancy Thellman has become very well versed in growth plans,codes and ordinances on her own dime.Ken Grotewiel and Nancy Thellman would be smart choices.

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hipper_than_hip 5 years, 6 months ago

Dave Ross doesn't sell real estate 458casul; he's a manager at a very successful local business, and is very good at his job.

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WWoftheW 5 years, 6 months ago

458;You should get your facts straight before bad mouthing someone. Dave Ross does not work for McGrew.

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Michael Capra 5 years, 6 months ago

ross says let me sell you some land then I WILL SUE you if I dont like what you do.move to russia ross

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Michael Capra 5 years, 6 months ago

I was going to list a house with mcgrew not now

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Michael Capra 5 years, 6 months ago

mcgrew should fire ross and file a lawsuit against him for being stupid

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Richard Heckler 5 years, 6 months ago

Lets not be naive.... we all know what will follow. More tax increasing projects!Such as: water and sewer lines streets and repairshousespublic schools fire stations law enforcement manpowersidewalks snow removal cross walks Traffic signals Traffic calming developers requesting more tax dollar assistance(new infrastructure) for theirwarehouses and retail strip malls.*In general increases the cost of community services to all taxpayers.If residential growth paid for itself and was financially positive, we would not be in a budget crunch But with increased numbers of houses you have increased demand on services, and historically the funding of revenues generated by single-family housing does not pay for the services, they require from a municipality.Yep this party is still paying back I'd say...Developers Emergency Party by First Managementhttp://www2.ljworld.com/news/2007/mar/04/divided_vote/Why not IMPACT FEES or EXCISE TAXES? Local real estate developers have had a great 25 years laughing all of the way to the bank on the backs of taxpayers thanks totheir friends on the city and planning commissions.

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crackers 5 years, 6 months ago

The developer of the annexed land-"Stonewall Farms" can no longer shoot fireworks on the land nor can they open a restaraunt with a smoking lounge. However, they can if they desire, register for domestic partnership.

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XTC 5 years, 6 months ago

I have heard he plans on building a water tower on the site than all he has to do is hire tankers to fill the tower with water. The sewer can be taken care of with a lagoon.I wonder how this meets city fire codes?

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hawkperchedatriverfront 5 years, 6 months ago

They don't need much water and they can build their own sewage lagoon or bring back outhouses. AFter all, Lawrence wants to go GREEN.

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JackRipper 5 years, 6 months ago

"The development group, which is led by Lawrence businessmen Duane and Steve Schwada, has said it will figure out ways to provide water and sewer service to the site without tapping into the city's services."And they can't tap the rural water district either so exactly how are we suppose to believe this farce? I can see the commission falling for it but now that we see what our high flying developers have managed to do that effects the entire economy maybe it is time to leave the rural neighbors alone and focus on the problems within regular city limits. Is farmland just going to sit out there like it is?

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hawkperchedatriverfront 5 years, 6 months ago

The city kinda makes up the zoning as they go along as well as proper notification of adjacent property owners, when it comes to downzoning. This may not be the only lawsuit the city commission has coming forward. Rumor has it that there are still some lingering questions about older areas of town that were rezoned in masse.

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