Owners of the land for the proposed new mall along with Wolford Development Options, the company proposing the mall, are suing the city of Ames to annul a decision made by the City Council April 11.

The council voted 4-2 to rezone land on 13th Street and Interstate 35 from commercial to industrial. Councilmen Ryan Doll and Jim Popken said at the meeting that the issue was about the location of the project, not the actual project.

The decision makes securing financing for the project more difficult.

Doug Marek, city attorney, said the city had not yet received a copy of the lawsuit. He said Bill Bartine, a lawyer for Wolford, informed Marek that the suit would be filed, but Marek had not yet been served. He said he expected to receive a copy within the next few days.

The city entered into a contract with Wolford last fall, Marek said, that required certain criteria to be met before the city is makes a final decision. The requirements, including purchasing the land and having anchor stores signed, have not been met.

Marek said he wouldn’t know for certain until he saw the actual lawsuit, but he expected the suit to take a few months.

“It’s yet one more final piece to the puzzle,” he said.

Matt Flynn, planning, housing and economic director for the city, said the city had master plans for the mall that Wolford submitted. He said a Development Review Committee would continue to review the plans, regardless of any legal action. The committee consists of members from various departments, such as electric and traffic, and makes administrative decisions and approvals pertaining to commercial new development. Eventually, the committee with make final revisions and approvals.

The council decided on May 9 to postpone indefinitely a decision about the rezoning.

Craig Buske, ex-officio ISU student council representative, said he was disappointed in the decision of the council.

“I feel like it was time for a vote to take place. If they didn’t have the votes, waiting for a new election wasn’t appropriate,” he said.