6News Story

City calls for dismissal of two Wal-Mart lawsuits

Thursday, August 26, 2004

City hall today asked a Douglas County judge to dismiss two of seven lawsuits filed over the city's refusal to allow a Wal-Mart at Sixth and Wakarusa.

Scott Beeler, an Overland Park attorney representing the city, told Douglas County District Judge Mike Malone that the two lawsuits - which challenge special assessments the city is levying for the construction of Overland and Congressional drives at the site - duplicate arguments made in the other lawsuits, and thus should be dismissed.

Mary Jo Shaney, an attorney representing 6Wak Land Investments, said the other lawsuits made no mention of the special assessments. Thus, she said, the two cases at hand should be allowed to stand.

6Wak is a partnership of Lawrence developers Doug Compton and Bill Newsome.

The partnership owns the disputed northwest corner of Sixth and Wakarusa.

Malone said he would have a decision by late Thursday afternoon.

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