Developer broke deal with restaurant for prime location in Chesterfield, lawsuit claims
VENN
CHESTERFIELD COUNTY, Va. (WRIC) -- A developer working in Chesterfield County is accused of denying a restaurant company the land promised to it years ago in favor of building a retail store.
In late September, Cooper's Hawk Midlothian, LLC filed a federal lawsuit accusing Atlanta-based developer SJC Ventures of breaching the terms of a lease agreement for a property within the up-and-coming Midlothian Depot.
The development, located at the intersection of Midlothian Turnpike and Alverser Drive, was previously described by SJC Ventures as a site that will one day contain both homes and businesses, from a high-end grocery store to multiple retail shops.
In the lawsuit, Cooper's Hawk claims that it was promised a "desirable, commercial space" within Midlothian Depot for an upscale restaurant centered on wine service, complete with "ample parking area and high visibility from the roadway adjacent to the space, Midlothian Turnpike."
The 2023 site plan for Midlothian Depot, with Cooper's Hawk's promised spot highlighted in yellow. (Images pulled from federal court documents.)
However, Cooper's Hawk alleges that, as of this year, SJC Ventures is trying to illegally alter the terms of their lease agreement.
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"Recently, it became crystal clear that [SJC Ventures] does not intend to honor the commitments in the lease -- having broken ground on development of an incompatible site plan on the site it promised Cooper's Hawk," the lawsuit reads.
Per the lawsuit, after finalizing the acquisition of the Midlothian Depot property in January, SJC Ventures then provided an "entirely new site plan for the project" to Cooper's Hawk. The developer reportedly explained that it "'had to make a number of changes to get [the] deal to work, including reconfiguring the site plan.'"
2024 site plans for Midlothian Depot, with Cooper's Hawk's promised spot highlighted in yellow. (Images pulled from federal court documents.)
2024 site plans for Midlothian Depot, with Cooper's Hawk's promised spot highlighted in yellow. (Images pulled from federal court documents.)
Specifically, Cooper's Hawk claims that the newest site plan was "unrecognizable" and a "complete departure" from the one agreed upon in 2023, saying it "appears to not even identify a location for [the restaurant,] much less the desirable location" that was agreed upon.
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Further, the lawsuit asserts that SJC Ventures "has already made significant progress" in building a retail building on the space originally promised to Cooper's Hawk, as pictured below.
Photo of the property promised to Cooper's Hawk. (Images pulled from federal court documents.)
At no point did either SJC Ventures or Cooper's Hawk exercise their right to terminate the lease, the lawsuit states.
This legal action comes after what Cooper's Hawk described as "several months" of failed attempts to resolve this issue with SJC Ventures.
"If [SJC Ventures] is permitted to continue building and disregarding the parties' valid lease, Cooper's Hawk will suffer irreparable harm in the loss of the unique and desirable location it bargained for," the lawsuit reads.
Cooper's Hawk is therefore asking a judge to stop SJC Ventures' construction on the site and order the developer "abide by the terms and conditions" of the lease as written. Cooper's Hawk is also requesting financial compensation.
