Lawsuit challenging Whole Foods Market Plaza dismissed
A lawsuit brought by Brighton Grassroots and other community groups alleging that the Whole Foods Market Plaza in Brighton illegally encroaches on a recreation trail has been dismissed in New York State Supreme Court.
In a ruling published March 8 following a December bench trial, Justice J. Scott Odorisi rejected the plaintiffs’ claim that the town of Brighton broke the law by allowing private development on a portion of the Auburn Trail without putting the matter to a public vote because, he wrote, the path doesn’t qualify as public parkland.
Although the trail, a former railroad bed that runs behind the site, is used by the public, Odorisi stated the town never formally dedicated its two-mile stretch or maintained it. And photos taken prior to Whole Foods plaza development showed the path to be “in a horrible condition” and “hardly consistent with a park, or even a suitable walking path at times.”
In an emailed statement, Brighton Grassroots organizer Howie Jacobson said his group plans to appeal the decision.
“This verdict was always headed to an appeals court, regardless of who won,” he said. “That’s where cases like this are decided once and for all. We appreciate the Court’s time and effort in moving our case forward. And, we now look forward to quickly moving to the next phase of this litigation, where we believe we have very strong arguments.”
The plaza, on Monroe Avenue near Interstate 590, got major town approvals in 2018. Developed by Daniele Family Companies, it includes a 50,000-square-foot Whole Foods store and 33,700 square feet of other retail businesses.
The just-dismissed suit is one in a long line of legal challenges brought over the years by Brighton Grassroots and rejected by the courts.
Despite the focus on the trail, Jacobson has maintained that the concern is about the plaza’s size and the additional traffic it will generate. In December, he said the goal was to shrink the overall footprint to 70,000 square feet, which would have meant taking down buildings. He also has said his organization has no beef with Whole Foods itself.
Meanwhile, the Danieles have long pointed to Wegmans as the funder of opposition efforts, based on a desire to tamp down on competition.
Initially, the Rochester-based grocery store chain denied involvement, but in 2020 it acknowledged its cooperation with Brighton Grassroots, citing concerns about traffic and zoning.
In his ruling, Odorisi noted that testimony revealed that Wegmans — whose flagship store in Pittsford is less than a mile from the Brighton Whole Foods location — backed Brighton Grassroots financially, including by paying its legal bills, causing a "major credibility factor" for the plaintiffs. Further, a Brighton Grassroots' spokesperson's "inaccurate comments to the media about funding sources served to only undercut (Brighton Grassroots') intentions."
In a statement of its own, the Daniele family underscored that point and wrote, “We are pleased after almost 7 years the lawsuits have finally come to an end." And despite a likely appeal, "Whole Foods is now free to open early this spring. Nevertheless, we are happy in the end, truth and justice prevailed.”
A number of businesses already have opened in the Whole Foods plaza, including Starbucks, Jersey Mike’s and a Fidelity Investments office.
Much of the site work at the Whole Foods store was completed late last summer, signage began going up in late December and Whole Foods has posted job openings online for positions likely to start training this month.
Whole Foods originated as a health food store in 1980 in Austin, Texas. Rapid expansion beginning in the 1990s reflected increased consumer demand for natural and organic products.
In 2017, Whole Foods was bought by online behemoth Amazon for $13.7 billion and is currently in the throes of a major push to expand checkout-free technology.
Western New York’s only other Whole Foods location is in Amherst, Erie County.
Reporter Marcia Greenwood covers general assignments. Send story tips to mgreenwo@rocheste.gannett.com. Follow her on Twitter @MarciaGreenwood.
This article originally appeared on Rochester Democrat and Chronicle: Lawsuit challenging Whole Foods Market Plaza dismissed
