Defendants File Motions to Dismiss Stormwater Lawsuit - NBC29 WVIR Charlottesville, VA News, Sports and Weather

Defendants File Motions to Dismiss Stormwater Lawsuit

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The defendants in a lawsuit between Seminole Square Shopping Center in Charlottesville and the Shops at Stonefield in Albemarle County say the case should be dismissed.

The complaint was filed in March by Sequel Investors Limited Partnership and Pepsi Cola Bottling Company of Virginia – the group backing Seminole Square. 

Representatives say EDENS – the group developing the Shops at Stonefield – "knowingly constructed a stormwater system that collects and diverts millions of gallons of stormwater onto the Plaintiff's property."

The plaintiffs are also suing Albemarle County and the city of Charlottesville – claiming they did not lawfully protect the Seminole Square property owners and allowed the stormwater system to be constructed.

Now EDENS, the city of Charlottesville, and Albemarle County have filed motions asking for the suit to be dismissed.  The court documents list several arguments for a dismissal including the plaintiffs' lack of standing to challenge the approvals and permits EDENS received from Charlottesville and Albemarle.

Sequel Investors Limited Partnership, owned by Great Eastern Management Company and related entities, and Pepsi-Cola Bottling Company of Virginia issued the following statement Monday in response to motions filed in Albemarle County Circuit Court by the parties named in the lawsuit:

We understand that the city of Charlottesville, Albemarle County and Edens have responded to our lawsuit, and we are currently reviewing their motions to dismiss the suit. We stand by our contention that the city and county unlawfully approved the stormwater management system put in place at the Shops at Stonefield.

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