COLONIAL HEIGHTS - A couple whose home is located close to a proposed Kroger grocery store is suing the city and the grocery store chain. The proposed store would be located on the site of the city's former courthouse on Temple Avenue.
Plaintiffs Dennis J. Livingston and Lou Jean Livingston claim that the city didn't provide appropriate public notice for input on its working agreement with Kroger. The lawsuit also states that the city amended its comprehensive plan and changed the zoning to allow the 90,000-square-foot-plus grocery store to be built close to residential areas.
The Livingstons live behind the Kroger site at the corner of MacArthur and Hamilton avenues. They claim their property would also be impacted by increased traffic, as well as light and noise pollution, and parking lot runoff.
The lawsuit was filed March 10 in Colonial Heights Circuit Court by attorney Dennis J. Livingston.
The Livingstons are requesting that any ordinances relating to the development be made no longer valid. They are also seeking damages and attorney costs.
The lawsuit states the zoning changes represent "illegal spot zoning and contract zoning that serves the interest of a single land owner, i.e. Kroger, rather than furthering the general public welfare including the welfare of the citizens. Further, the zoning ordinance represents unconstitutional special legislation because the ordinance benefits a single entity, Kroger, to the detriment of all others including other persons who may wish to purchase the former Colonial Heights Courthouse property."
To prove that the city went ahead with plans before public input, the Livingstons reference public hearing dates and a press release issued by the city.
The city issued a press release and held a press conference with Kroger officials on Sept. 6, 2013, announcing the proposal to redevelop the site, which was the first time many residents heard about the plan despite the fact that notices to attend a public hearing on the redevelopment ran in The Progress-Index on Aug. 31 and Sept. 6. The public hearing was scheduled for Sept. 10.
More than a dozen people spoke against the project at the public hearing, including Lou Jean Livingston. After the hearing, council unanimously approved entering negotiations to sell the property to Kroger for $2.6 million.
City Attorney Hugh Fisher said the city gave more public notice than required.
"I don't think any of the allegations have merit," he said. "I don't see where they will prevail. They had adequate notice. In fact, the city gave more notice than it had to, including newspaper and personal notice. What happened wasn't contract zoning or spot zoning."
- Leah Small may be reached at 722-5172 or lsmall@progress-index.com.
