Strobel Family Investments, which owns the Meal Makers restaurant land and building, is appealing its land-use case to the Washington Supreme Court.

According to Michael Bindas of the Washington chapter of the Institute for Justice, the management group is asking the high court if the government can "take your property simply because it doesn't think it is upscale enough.

Meal Makers restaurant, which has been owned and operated by Kevin Fitz of Burien at its current location for 25 years, is on the site of the city's planned Town Square.

Groundbreaking for Town Square is slated for Tuesday, Oct. 10.

In 2005, the city condemned the Meal Makers' property under eminent domain for Town Square development.

Strobel Family Investments, which had submitted an alternate plan for development that would have allowed the restaurant to remain where it is, then sued the city on behalf of the seven Strobel sisters.

Their request has been rejected in King County Superior Court and by the state Court of Appeals.

Robin Oldfelt is managing partner of Strobel Family Investments.

The lower courts allowed the condemnation despite the trial court's concern that the Strobel family's property was not necessary for the project, that the city deliberately targeted the property because the property didn't fit its "vision," and that the city's conduct may well have been "oppressive" and an "abuse of power."

Burien responded that virtually no limits exist to restrain government decisions about what and how much property to condemn through eminent domain.

As long as the government doesn't engage in "fraud," the city argued, it can take whatever it likes and the courts are powerless to do anything about it.

Bindas said in a news release from the Institute last week, "According to Burien, the government has carte blanche to take your property, even if it doesn't actually need the property for a public use.... That's not how the government is supposed to operate."

Although no Town Square buildings are planned for the Meal Makers site, the city intends to build a street through the Strobel property.

Bindas alleges that former City Manager Gary Long instructed his staff to "make damn sure" that the street went through the building, and city subsequently condemned the Strobel property.

Under Washington law, Bindas claimed, "a condemnation does not pass muster simply because the government asserts a public use. Rather, the property being condemned must be necessary for the public use."

That, he added, is the basis of the Strobel's challenge.

While siding with the city, a King County Superior Court judge noted that the road "could have been easily accomplished without affecting the Meal Makers restaurant or the Strobel property."

He described the city's condemnation decision as "you won't sell and you don't fit our vision, so we're going to put a street right through your property and condemn it."

The judge concluded he must allow the condemnation, given the incredibly deferential standard Washington courts apply in reviewing necessity, unless there was proof of fraud.

The Court of Appeals affirmed.

According to Bindas, the Supreme Court "should accept the case to preserve the important role courts play in reviewing whether government actually needs land it seeks to take.

"Judges should not be forced to give knee-jerk deference to government's condemnation decisions. The courts are a vital check against legislative and executive abuses of power. The Strobels deserve to have their case heard by a court system empowered to protect the family's rights."

The Strobel family is also asking the high court to review the city's claim that it needs all of the Strobel family's property.