Lawrence explains odd shape of Queens Road taxing districts; judge to decide in coming weeks whether to halt project for lawsuit

Whether the multimillion-dollar reconstruction of Queens Road will be postponed so a lawsuit against the city can go forward is now in the hands of a judge.

At a hearing in Douglas County District Court on Monday, both sides laid out their case as to whether the controversial taxing districts, which go toward funding the $5.3 million road project, should be delayed so the lawsuit can be heard. In January, homeowner Kurt Schaake filed a lawsuit claiming that the taxing districts, under which property owners near Queens Road would pay most of the cost of the improvements, are out of line with state law.

Schaake’s attorney, Richard Hird, requested Monday that Judge Amy Hanley order a preliminary injunction until the lawsuit was resolved. Hanley said in order for her to do so, Hird must show that the case is likely to be successful or has a “substantial likelihood of prevailing on its merits.”

When Hanley asked Hird what would allow the case to prevail, he listed four major elements. He said that the city didn’t determine what special benefit accrued to properties within the districts; that the city improperly excluded properties; and that the properties within the districts were not benefited in equal relation to the financial burden imposed. He said the city’s districts were therefore arbitrary and capricious and out of line with state law.