LENEXA, Kan. -- We have more details on the fate of a potential homeless shelter in Johnson County. The Lenexa City Council voted against a special use permit for it early Wednesday morning. It was supposed to go at the La Quinta Inn off 95th Street and I-35 in the city. Betty Rae’s owner calls out Mayor Lucas, Kansas City following business break-in ReStart, which was going to own the property after Johnson County bought it, got over the Board of County Commissioner (BOCC) hurdle earlier in the year, but because the shelter was going to go in Lenexa, the city needed to approve a special use permit for it too. ReStart's CEO, Stephanie Boyer, talked to FOX4 Wednesday afternoon. She said the project's not going to happen now that the special use permit's been denied, but her group may be able to propose some sort of different housing option for those who need it in the county. "It certainly won't have the level of impact that this project could, but we certainly want to see that money try to go to something," she said. Boyer tried to get the city council to reverse course Tuesday night from the recommendation from the city's Planning Commission and staff. They each recommended the special use permit be denied. Wednesday, September 11, Boyer and Board Chair Susan Schmidt wrote a letter to Mayor Julie Sayers and the city council feeling that some of the alleged concerns about the shelter weren't legitimate. "As such, we are concerned that, if the city council follows city staff’s and the planning commission’s inappropriate and arguably discriminatory suggestions, the City’s actions could be in violation of the Fair Housing Act and/or reStart’s constitutional rights and could result in a legal dispute," part of the letter read. Suspect charged after attempted armed robbery at Overland Park business That potential dispute is why FOX4 was not able to interview any of the city staff or elected leaders Wednesday. The night before though, City Manager Beccy Yocham said they tried their best to let reStart know what their opinion was on this issue as soon as possible. "So, it's unfortunate that neither the applicant nor their team understood the point at which we would reach a staff recommendation, but it certainly doesn't amount to unfair or unequal treatment on the part of city staff," Yocham said to the city council, talking about reStart. She followed that up by saying the city council was not being asked to determine whether there's a need for a homeless shelter in the area. They were being asked to determine whether the use of a homeless shelter was appropriate at that hotel. Ultimately, by a vote of 5-2 without Sayers voting, the city council denied the special use permit. Councilwoman Melanie Arroyo and Courtney Eiterich supported the permit. Joe Karlin was absent. "No that's not our intent." Boyer said when asked if she plans to sue now that the permit's been denied. "But we wouldn't be doing our jobs as advocates for the people that we serve if we also don't look into, 'Are there potential Fair Housing Violations going on here.?'" Earlier in the interview, FOX4 asked Boyer what she believed could be a violation of the Fair Housing Act. Download the FOX4 News app on iPhone and Android "The people that we serve in that program are people who are predominantly made up of people with disabilities and people of color," she said. Thursday morning, the Johnson County BOCC plans to discuss the termination of their planned purchase of the hotel in Lenexa at a special meeting. It starts at 9:30 Wednesday afternoon, Board Chairman Mike Kelly, who supported the shelter, said he was 'deeply disappointed' in the city's denial. He's willing to talk to FOX4 on camera after Thursday's meeting.