NEDERLAND — A court hearing is set for May 23 for a temporary restraining order to stop the city of Nederland from demolishing an abandoned building.

Waleed Khan, executor of the estate of Afzal Khan, deceased, and Jannat F. Khan, wife of deceased, filed the temporary restraining order March 29 as the city ordered demolition was set to take place April 2. Court records show the hearing date has been pushed back twice by Waleed Khan.

The property in question is located at 2423 Nederland Ave. in Nederland.

According to Nederland City Manager Chris Duque the TRO was filed ex parte without the city having an opportunity to respond prior to the court order being issued preventing the demolition to start.

“The court hearing is the city’s opportunity to provide our response and the city’s response will answer the claims made in the TRO,” Duque said.

Khan first approached the City Council back in January 2012 when he was granted a specific-use permit to install gas pumps in what is considered a neighborhood retail zoning district. Work on the project stopped in May 2012, according to 2013 archived story.

Khan was given 14 days to re-permit and restart the project in April 2013 and a clause was added giving the business owner two additional months to get the work done.

Khan told council members at that time he had had to stop work on the project because of a family member’s illness.

The issue has remained on the council’s radar since then with council members giving the business owner extra time to complete his project of building a convenience store.