City denies bias in response to lawsuit filed over denial of south Lawrence shopping center

This aerial photo from Sept. 5, 2015 shows the interchange of south Iowa Street and the South Lawrence Trafficway. A shopping center project called KTen Crossing was proposed at the southeast corner of the interchange, below center.

The city denied allegations this week that it used an “improper and illegal bias” in rejecting a proposed shopping center in south Lawrence.

The city of Lawrence responded Monday to a lawsuit filed Feb. 5 by landowners and developers involved with KTen Crossing, a 250,000-square-foot retail development proposed for 60 acres of farmland near the South Lawrence Trafficway and Iowa Street interchange. On Jan. 5, city commissioners voted 4-1 to deny rezoning and other planning approvals that would’ve allowed for the development.

The city’s response — filed in Douglas County District Court by city attorneys Toni Wheeler and Randy Larkin, as well as Michael Seck of Overland Park-based Fisher, Patterson, Sayler & Smith LLP — states the landowners and developers don’t have sufficient facts to state a claim.

“…The basis for [the city’s] denial of the applications was not arbitrary, capricious or unreasonable for the reasons set forth on the record,” the response states.

The response goes on to say that landowners and developers are not entitled to the relief they’ve requested. The lawsuit — filed on behalf of property owners Armstrong Management, Grisham Management and the development group SLT, LLC — asks the court to order Lawrence to reverse its decision on the shopping center.

When commissioners rejected the shopping center, they cited concerns about whether the development was suitable for the area, which is just north of the Wakarusa River. They also questioned whether the city was prepared to grow south of the South Lawrence Trafficway.

The lawsuit, filed by Kansas City-based Polsinelli PC, says the reasons for denial were “arbitrary and capricious” and “development and infrastructure is already occurring south of the SLT.”

Among other things, landowners and developers are also arguing that plans for a shopping center “generally comply” with the city’s comprehensive land-use plan, and the general public will be harmed by the city’s rejection of it because the property is likely to sit vacant and underutilized.

After the vote in January, city attorneys recommended that they compile “findings of fact,” a legal document explaining their decision to deny planning changes that would have allowed for the shopping center, in case of future litigation.

The document, approved Jan. 26, states commissioners did not approve the proposal because rezoning the property to a regional commercial designation did not conform to the city’s comprehensive plan and is incompatible with the existing and planned use of the area. It goes on to say the development would be harmful to the public health, safety and welfare of the community, referring to the health of the downtown commercial district and the nearby Wakarusa River floodplain.

According to case information in Douglas County District Court, the court has not yet established deadlines for motions in the case.

Wheeler has said city officials won’t comment on ongoing cases.