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NAMPA -- On a hot day in Nampa, for many the place to go is Blazen Burgers.

"It s a fantastic little place," said owner Brad Blamires. "We do dollar shakes after eight and we see about 300 people at night, and it s a great family place."

Brad Blamires started the drive-up burger joint 10 years ago with his wife Tami. He said that recently the business has been very successful.

"We've grown about 400 percent since we have started," said Blamires.

But a recent development, a fast food franchise, could be putting that bright future in doubt.

"Carl's Jr. owns three points of the access," said Blamires. "That would damage our business."

Blamires said it s not the competition that worries him. Instead it s the fact that now First Avenue South - an access road to his business - will turn into a parking lot for Carl's Jr.

"Everybody uses this as a road, we see traffic down here using it all day long, and the public should still believe it s a road," he said.

The issue of the road has been through the city council agendas, and even through court. That's where the Blamires' plan to take it again.

Several years ago, Blamires said, the court ruled that in order for any changes to be made to First Avenue South, the adjoining property owners would have to be in agreement.

"Nowhere have we signed a document in agreement for the vacation of the road for the cross access of the agreement, and the city says 'oh, it's OK,'" said Blamires. "No, it's not OK."

At a May 5th council meeting, Nampa councilors battled on whether to approve a parking variance request by Carl's Jr., which they say is necessary for their drive-thru.

The councilors weighed-in on the issue some saying that the city has already asked too much of the developer, while others asked the developer to look at other options for their franchise.

The council came to a tie on the issue of Carl's Jr. and its parking requirements, with Mayor Bob Henry breaking that tie to approve the variance request.

However, in the Blamires' eyes this recent approval is just another example of how city councilors won't work to let Blazen Burgers keep its access.

"The city needs to care about their small businesses and not just worry about these big chains coming in," said Blamires.

He said they have no choice but to file a lawsuit.

Nampa officials released this statement several days after this story aired:

This is a complicated matter with a long legal history. The court required the city to vacate the street a few years ago. Access to the business has not been blocked. The street has been vacated for an access easement that all businesses, their customers, vendors and employees will be able to use. This is similar to what is allowed in mall parking lots.

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