Whole Foods in Brighton opened as planned Wednesday morning after an appellate judge rejected opponents’ last-minute push for delay.
The question in part came down to harm during a half-hour court hearing Tuesday.
Lawyers for the developers and town argued it was Whole Foods, other plaza tenants and the Daniele Family Companies who would suffer most – putting financial losses at $100,000 a month - if everything was shut down.
That request for delay came in a last-minute push from opponents, backed by local grocer Wegmans, who have tied the project up in lawsuits for years. They lost at trial earlier this year. The case is on appeal. They argue the town erred in approving the development, saying it infringes on a recreational trail. The trail section was rerouted.
Construction of the plaza is complete, and has a dozen other tenants other than Whole Foods, most of which have opened. Whole Foods opened at 7 a.m. Wednesday.