Developers of Whole Foods Plaza in Brighton have prevailed in a set of lawsuits that argued the parking and loading area intrudes on a town recreation trail.
But that might not be the end of the litigation that has dogged the Monroe Avenue development.
“This verdict was always headed to an appeals court, regardless of who won,” opponents Brighton Grassroots said in a statement. “That’s where cases like this are decided once and for all.”
Danny Daniele is president of plaza developer Daniele Management and Development. He said he was pleased by the outcome and “happy that Wegmans had their day in court.
In his decision, State Supreme Court Justice Scott Odorisi noted that the group’s spokesman testified at trial that Wegmans was paying the group’s legal bills, and that he was a paid lobbyist for the grocery competitor. Odorisi did not name the individual. Reached Wednesday, Howie Jacobson said he is Brighton Grassroots’ spokesman but not a Wegmans lobbyist.
The lawsuits focused on the original Auburn Trail route that followed an abandoned railroad bed and crossed onto the plaza property.
The question to be decided was whether the trail route — specifically 0.3 miles of the 2-mile trail that stretches across the town — was public property, and if the town improperly ceded it for private use.
Odorisi concluded it was not. While routinely used by residents, it was never formally dedicated or maintained by the town.
Easements were partially blocked by a shed, overgrowth and obstructions, including a gate, snow piles and equipment, Odorisi wrote.
“Some of the photographic exhibits show the path in horrible condition, especially the stretches behind Clover Lanes and also Clover Plaza,” he wrote. “Those visuals are hardly consistent with a park, or even a suitable walking path at times.”
Trial testimony seemed to indicate it was not the trail but the scale of the development that was the real issue, Odorisi wrote in his decision.
Whole Foods, meanwhile, is preparing for an opening in “early spring,” with staff expected to begin training in March.
