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City attorney: Lawrence Redevelopment Authority seeks judge’s ruling on property-transfer authority
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Summary
City Attorney Tim Hooten told an ad-hoc Economic Development Committee the Lawrence Redevelopment Authority has asked a court to declare it need not return certain redevelopment-area property transfers to the city council; the city answered and expects the matter to be decided on papers within about 30–90 days.
City Attorney Tim Hooten told an ad-hoc Economic Development Committee on Jan. 28 that the Lawrence Redevelopment Authority has filed a declaratory-judgment complaint asking a judge to confirm the LRA’s interpretation of its authority over property transfers within the 2016 redevelopment plan.
"They are looking for a judge to say that the position that they are holding is correct," Hooten said, adding that the LRA’s claim rests on a 2016 redevelopment plan that the city council approved Dec. 6 of that year. "Their position is … that any transfer of the lands contained in that redevelopment plan need not go back before the city council for transfer; that only the mayor needs to sign the deed. My position is that that is incorrect."
Hooten said the city retained outside counsel and filed an answer asserting transfers covered by the redevelopment plan must return to the city council for approval in addition to mayoral signature. He described the case as a declaratory action that will be decided primarily on papers with limited oral argument. "I would expect a minimum of a month, but maybe as much as 3 months that we will get it on the docket," he said.
Councilors asked for copies of the complaint and the city's answer; Hooten said the records are public and offered to distribute them beyond the committee. Several council members asked to receive ongoing updates while the case is pending.
Why it matters: The dispute concerns which bodies must sign off when land included in the city's redevelopment plan transfers to another entity. If the court sides with the LRA, some future transfers could proceed with only the mayor's signature; if the court sides with the city, transfers in redevelopment areas would need explicit city council approval.
What’s next: Hooten said the superior court will set a hearing; he estimated the matter could appear on the docket in about 30–90 days and that the judge would issue a ruling after brief argument. The committee did not take formal action on the matter at the Jan. 28 meeting.
