Judge rejects injunction against Whole Foods and Hillsdale Drive Extended

At a hearing yesterday afternoon in Charlottesville Circuit Court, Judge Edward Hogshire denied an injunction to stop work on Hillsdale Drive Extended and the new Whole Foods grocery store.

In April, Kmart Corporation filed a lawsuit against the developer of Whole Foods, Meadowbrook Creek, LLC, for breach of lease. (Meadowbrook Creek is also Kmart’s landlord.) The suit states that construction of the road and other improvements planned for the property will eliminate 110 parking spaces in the Kmart parking lot, and asks for a halt to ongoing construction on the site.

“This sounds like a damages case,” said Hogshire.

Miles Dumville, Kmart’s representing attorney, told Hogshire that the losses Kmart had to endure due to construction are considerable. The store—the second best performing store in the Mid-Atlantic region, according to Dumville—has seen a three-percent decline (or approximately $250,000) in sales, while other Kmart stores experienced a one-percent increase.   

John Zunka, the attorney representing Meadowbrook Creek, LLC, questioned the timing of the lawsuit’s filing. Construction on the projects began in 2008 and, after a few stops, continued in late 2009.

Zunka said that while work resumed in December 2009, the lawsuit was only filed in April 2010, when the construction of the future Hillsdale Drive Extended was 60 percent done. According to Zunka, the road will be completed in 30 days.

The judge gave Kmart and Dumville the option to amend the suit to include the City of Charlottesville as a defendant, for its interest in Hillsdale Drive Extended. Meadowbrook Creek will have 21 days to respond to an amended suit.
 

Posted In:     Uncategorized

Previous Post

Kluge auction fetches $20.2 million

Next Post

Rolls-Royce partnership revs up UVA job engine



Our comments system is designed to foster a lively debate of ideas, offer a forum for the exchange of ad hoc information, and solicit honest, respectful feedback about the work we do. We’re glad you’re participating. Here are a few simple rules to follow, which should be relatively straightforward.

1) Don’t call people names or accuse them of things you cannot support.
2) Don’t direct foul language, racial slurs, or offensive terms at other commenters or our staff.
3) Don’t use the discussion on our site for commercial (or shameless personal) promotion.

We reserve the right to remove posts and ban commenters who violate any of the rules listed above, or the spirit of the discussion. We’re trying to create a safe space for a wide range of people to express themselves, and we believe that goal can only be achieved through thoughtful, sensitive editorial control.

If you have questions or comments about our policies or about a specific post, please send an e-mail to editor@c-ville.com.

Leave a Reply

avatar
  Subscribe  
Notify of