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Brighton Whole Foods legal battle not over yet after appellate ruling

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BRIGHTON, N.Y. (WROC) — The fight over the construction of a Whole Foods grocery store is set to continue in a lower court, with both sides claiming victory after a recent appellate court ruling.

Dan Daniele, whose company is behind the project to build the Whole Foods on Monroe Avenue in Brighton, dismissed the effort as “baseless, frivolous lawsuits really just intended to stop competition from coming into Rochester.”

A Friday appellate court ruling threw out two claims made by the group.

Brighton Grassroots, the group opposing the Whole Foods, claims the town did not follow a number of procedures when developing the project. In Friday’s ruling, a judge found the town did follow the law in two of those ways.

Howie Jacobson, President of Brighton Grassroots, told News 8 the following in a statement:

“BRG has always said that our opposition is against the oversized Plaza – not a Whole Foods store. We are against the 18 other retailers and restaurants on the site! 84,500 sq feet of retail will create horrific traffic issues in Monroe Ave. The Town of Brighton Board should know better than to cause out of control traffic! There is no benefit to residents!”

Howie Jacobson, President of Brighton Grassroots

Brighton Town Supervisor Bill Moehle signaled his support for the Whole Foods to News 8, citing its potential to bring economic growth and tax revenue to the town. Moehle expressed his skepticism of the claims made by Brighton Grassroots.

“They’re grasping at straws,” said Moehle. “There is no basis for that claim, and I am very confident that when the lower court looks at it, they’ll reach the same conclusion.”

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