A look at what a downtown grocery store would look like and details of a new lawsuit aiming to stop it

Lawrence residents can now get a glimpse of what a downtown grocery store may look like, but it also is becoming clearer what the legal fight to stop the project may look like too.

As we have reported several times, a local development group has strong interest in converting the former Borders bookstore site into a multistory building that would house a grocery store on the ground floor. The development group, led by Lawrence businessmen Doug Compton and Mike Treanor, have now released renderings of what the building would look like. It would be three stories tall, with a grocery store on the ground floor and 82 apartments on the upper floors, including some that are set aside for low-to-moderate income tenants. A parking garage would be built below ground. The footprint of the building would be about 43,000 square feet, which is twice as large a footprint as the old bookstore building currently on the site.

That larger footprint is a factor in another new development with the project: A lawsuit has been filed by two condo owners in the adjacent Hobbs Taylor Loft building. Condo owners Brian Russell and Brent Flanders have filed a lawsuit alleging that the development group is trying to do an “end run” around a set of covenants that limit the footprint of any building on the property to approximately 20,000 square feet. The lawsuit also contends the covenants prohibit a traditional grocery store from being built on the property.

Look for the lawsuit to spark a spirited fight.

Bill Fleming, an attorney for the development group, said the lawsuit has little to no merit and the development group will fight it and prevail. He also added another detail.

“They (the plaintiffs) also have taken the position that if we pay them twice what their condo units are worth, they would go away,” Fleming said.

Brian Russell and Brent Flanders are the plaintiffs in the suit. Russell also is the attorney in the suit. He too minced no words.

“The arrogance of these guys is just stunning,” Russell said of the development group.

He said Fleming’s characterization of what has been proposed is inaccurate. But he said he and Flanders are worried about a decline in property values if the grocery store project goes forward. He said the project would dramatically change the character of the block. He said the project would replace a fairly low volume retail site with a very high-volume retailer, plus it would add low-income apartments next door to the upscale condo development.

“We are just trying to protect our rights, and I hope people understand that even if they want a grocery store in downtown,” Russell said.

It doesn’t appear that the issue in the case will be whether the covenants limit the size of the building or prohibit a grocery store. Instead, it appears the disagreement centers on who can change the covenants. Russell argues that changes to the covenants must be approved by every condo owner in the building. There are a little more than 30 residential condo owners, plus other commercial condo owners, Russell said. The development group is expected to argue that a company by the name of 8th and New Hampshire LLC, which is led by Lawrence businessman Stephen Craig, has the ability to change the covenants. 8th and New Hampshire, LLC is the successor company to the group that originally developed the Hobbs Taylor Lofts.

That legal argument has not yet been settled. The lawsuit seeks an injunction stopping the project from moving forward. The development group has not yet filed its answer to the lawsuit.

Fleming said the development group has been holding meetings with residents of Hobbs Taylor, and has begun to make some changes to the development plans based upon their feedback. For example, he said residents were concerned about grocery carts being strewn about the neighborhood. As a result, the development has committed to using high-tech grocery carts that won’t allow the user to take them outside the building. Other modifications have related to parking plans, screening, lighting and methods to reduce noise from the development.

“I think we are going to get a green light from the residents to move forward, and then we’ll make an application with the city,” Fleming said.

The project would require multiple city approvals, and it is expected that the development will seek economic development incentives from the city.

As for the grocery store itself, we have reported that a Price Chopper is a likely candidate to operate the store. That is appearing more likely. Fleming confirmed that Barry Queen of Kansas City’s Queen’s Price Choppers has been speaking to the Hobbs Taylor group about how a grocery store at the site would operate. The plans also show that a drive-thru pharmacy would be part of the project.

We’ll keep you updated as the lawsuit moves through the process and also if the project makes any development filings with the city.

• Everybody have a good weekend and start preparing for the holiday season. I’ll be out at the 24th annual Gingerbread Auction for Big Brothers Big Sisters tonight at Abe & Jake’s Landing. If you remember, last year I made a gingerbread house — well, technically a gingerbread lean-to. This year I am a judge. I can’t wait. Those houses are going to taste so good. I assume that is how this works.