BRIGHTON, N.Y. (WROC) — Brighton Whole Foods will in fact be opening tomorrow morning, according to the building’s developers the Daniele Family Company.

The company shared with News 8 that in the first step in an appeal, a judge has decided to not grant the preliminary injunction on Whole Foods that was requested.

This means that the Whole Foods will remain open while the appeal moves forward.

Previous coverage on the appeal:

This court date followed a ruling in favor of the project’s developers and the Town of Brighton, a case in which a Wegmans-backed group called Brighton Grassroots sued claiming fault with the approval process for the project, which sits just to the west of the Monroe Ave and Clover St. intersection.

Judge Scott Odorisi disagreed with that argument and told the developers they could move forward with the opening of Whole Foods.

Friday, the Whole Foods opponents announced they plan to appeal that decision and have asked New York State’s Appellate Division for a temporary restraining order and preliminary injunction in order to prevent the opening of the remainder of the Whole Foods Plaza, which includes the Whole Foods grocery store.

In the court paperwork, the opponents’ attorney claims the recent trial provided “overwhelming evidence at trial showed that the Town improperly allowed a massive plaza to be built directly on top of the Auburn Trail.”

Town Supervisor Bill Mohele said Wegmans already had their day– their months– their YEARS in court.

“I feel very strongly Judge Odorisi’s decision after the trial was a strong one. It was a good one,” said Mohele.

Moehle said Wegmans has a right to appeal, but the real reason for this… is clear. “It shows once again that this is all about Wegmans trying to avoid competition.”

Danny Daniele, of Daniele Family Companies, which is developing Whole Foods Plaza, sent News 8 a response saying, “It’s no surprise Wegmans has chosen to appeal the ruling in another attempt to stop Whole Foods from opening in Rochester even after the judge ruled against them in the trial where the most riveting testimony came from their leader Howie Jacobson when he broke down and was forced to admit under oath that he lied to the public and was in fact paid by Wegmans to keep Whole Foods out of Rochester.”

A spokesperson for Whole Foods provided a statement saying, “We’ve been given approval to open our doors and are looking forward to serving the community on April 12.”  

Traffic concerns:

Brighton Town Supervisor Bill Moehle previously told News 8 that their analysis revealed that during the busiest times, only 40 seconds would be added to drive time.

At peak afternoon traffic times, the study does show some level of congestion for certain intersections.

For example, those heading east on Monroe Avenue at Clover Street may get backed up so far that they temporarily block one of the driveways on that road. For those heading east on Monroe Ave. and trying to get on I-590 north, the cars may back up the entire stretch of available road.

But literally 95% of the time, “the queues will be shorter than those,” the final findings document reads.