Supreme Court sends back suit over Hanover Wegmans project

The court’s decision sends a suit between Hanover residents and their county board back to Hanover Circuit Court.

A group of homeowners were against the Hanover Board of Supervisors’ decision to approve a rezoning and special exemption that paved the way for construction of the Wegmans Food Markets Inc. distribution center. The homeowners also opposed the development for other reasons like industrial traffic, noise, pollution and environmental damage.

The complaint said the county board violated state and local laws in eight ways.

An opinion from Justice D. Arthur Kelsey on Thursday said the circuit court erred when it said the local homeowners did not have standing to bring suit against the board. The circuit court did not hear any of the homeowners’ allegations against the development.

The facility is planned on 218 acres off Sliding Hill Road, east of the Hanover County Airport and south of Ashcake Road. The land is across Sliding Hill Road from the Fox Head subdivision.

A new court date for the case in Hanover will be set in the coming weeks.

“We’ve alleged that this massive facility, open 24 hours a day, 365 days per year, has such a negative impact on my clients as to constitute a nuisance,” said Brian Buniva, a lawyer for the homeowners.

Buniva said part of the suit could end in court-ordered reduction of operational hours to make the distribution center a “decent neighbor.” He added that the homeowners’ suit is seeking to show that the board’s rezoning decision was illegally made from the beginning, making it void.

A spokesperson for Hanover County said the county attorney’s office and county staff are currently reviewing the decision.

“While we disagree with the Court’s decision, the Board respects the court’s role in the process,” Hanover County said in a statement. “The Board is reviewing its options but remains confident that, as the courts continue their review of this matter, they will find that the Board acted properly related to this case.”

The county declined to comment further, citing ongoing litigation.

Officials for Wegmans did not immediately respond to questions Thursday evening.

The distribution center was announced in 2019 with the promise of 700 jobs for the community. Then-Gov. Ralph Northam said Virginia was using $2.35 million in state money as an incentive to build the Wegmans center. The company had similar facilities in Pottsville, Pennsylvania, and Rochester, New York.

An area within the development land called Brown Grove was later given a historic designation by the state Department of Historic Resources. Brown Grove was founded by freed slaves during the Reconstruction period over 150 years ago. The homeowners’ suit did not include any mention of the land’s historic status.

“There’s two sets of winners here today. The plaintiffs who filed the case are the obvious winners, and the community members who have been supporting them throughout this entire effort,” said Chris French, a member of two groups that mounted opposition to the project.

French said community members around the site opposed the development from planning through the rezoning approval by the county board.

The site has been under development since March 2022 when the land was half cleared and drainage structures were being installed. The site’s construction has already reached an advanced stage.

Wegmans, based in Rochester, has 110 locations, including 15 in Virginia and two in the Richmond area. The family-owned company opened an 85,000-square-foot store in Reston on Wednesday.