City Staff Recommends Against Circle K Eminent Domain Lawsuit

The recently released agenda for the April 16th city commission meeting indicates that city staff “does not recommend initiating an eminent domain lawsuit to acquire the private property owned by Circle K Stores, Inc., located in the Canopy development.”

The issue has featured Canopy resident routinely speaking at city commission meetings highlighted safety and quality of life concerns.

The controversy has come about due to some amendments to the zoning laws related to the Canopy development which were approved in 2021. The amendments allow one of the uses of the commercial property in question to be a gas station.

Failed Negotiations

Following discussions during recent commission meetings, the city commission directed staff to reach out to Circle K to discuss a voluntary city acquisition of the property. Circle K declined to meet with Commissioner Richardson, and a representative of the company later indicated Circle K was not interested in entertaining the city’s purchase inquiry.

On March 26, 2025, the city commission directed the city manager’s office to determine if any departmental needs exist to acquire this privately owned property through the use of eminent domain. 

Public necessity is the principal foundation to the valid exercise of the power of eminent domain.

According to the agenda, staff followed the standard process when determining whether a need exists to either acquire or dispose of property.  Staff analyzed the property in question, alongside current operational needs, to determine if a public necessity existed that would require city acquisition of this property through eminent domain. 

A public necessity for the property has not been properly identified.  As such, staff does not recommend initiating an eminent domain lawsuit to acquire the private property owned by Circle K Stores, Inc., located in the Canopy development.

The city commission will take up the issue at the April 16th meeting in City Hall beginning at 3 p.m.