The new owners of a business near S.W. 21st and Wanamaker Road don’t plan to contest Topeka city attorney Lisa Robertson’s recommendation that the city council reject a claim the business filed with the city in September seeking $100,000 in compensation linked to a street project at that intersection.
Owners Bret and Valerie Weber have decided not to pursue the matter, said Jordyn Mullins, general manager of Complete Nutrition at 2121 S.W. Wanamaker Road, Suite 107.
A claim Mullins filed with the city on Sept. 10 contended Complete Nutrition was owed $100,000 for “significant” losses suffered as a result of the city street construction project at S.W. 21st and Wanamaker.
“Everybody is infuriated over it,” the claim said.
But Mullins stressed Wednesday that Eric Knobbe owned Complete Nutrition when it filed the claim. Ownership of the business subsequently changed hands, Mullins said.
Knobbe told The Capital-Journal Thursday he wasn’t willing to comment publicly on the matter.
The $4.4 million city project, which included repaving, originally was slated to be completed Aug. 30, but the city didn’t finish it until Nov. 21 after suffering a setback in the middle of prime construction season that involved utility lines not being moved in a timely manner.
The Topeka City Council plans to consider Robertson’s recommendation that it reject Complete Nutrition’s claim when it meets at 6 p.m. Tuesday in its chambers at 214 S.E. 8th.
The proposed move is part of the council’s consent agenda, for which items are generally approved without debate.
“The recommendation to deny is based on the lack of evidence that the City unnecessarily or unreasonably delayed the project in any manner,” assistant city attorney Nicholas Jefferson wrote in a document that’s part of the meeting’s agenda packet. “Staff finds no legal liability on behalf of the City in this matter.”
Mullins said Wednesday that after Complete Nutrition filed the claim, the city attorney’s office told him in a letter that it was reviewing the claim but — if the business hadn’t heard anything else from the city within 90 days — the claim would be dropped.
After that, he said, Complete Nutrition was acquired by the Webers.
Reporter Tim Hrenchir can be reached at (785) 295-1184 or @timhrenchir on Twitter.