In an order filed on June 30, Judge Alma Hinton requests the city provide evidence to support its findings which led to denial of the proposed apartment complex.

City Attorney Gilbert Chichester today said the order means the city must present evidence to the court on why it turned down the permit so the judge can review that before making a final ruling.

The city contends council's vote and action was taken after having considered all of the evidence presented at a public hearing on the matter.

MaSuki, represented by local attorney Franklin Jones, contends the decision by the city was arbitrary and that it violated basic due process rights by failing to make factual findings and-or conclusions on competent or substantial evidence.

Jones had no comment today.

Council decided following a lengthy public hearing in February it disagreed with two key elements in the conditional use permit application, going against findings by the city's Planning and Development Department that the development would not injure adjoining property values and would be in harmony with the surrounding area.

MaSuki wanted to build eight buildings containing a total of 192 residential units.

The company planned two- and three-bedroom options with amenities to include a 3,200 square-foot clubhouse; swimming pool; picnic area; playground; dog park; sidewalks and private storage garage. It would have direct access to Highway 125.