A state appeals court judge says Whole Foods can open as scheduled this morning.
The judge rejected a request from the group Brighton Grass Roots to block the opening with a restraining order, after a State Supreme Court judge rejected their lawsuit against the project last week.
The judge decided not to grant the injunction after a half-hour hearing during which Brighton Grass Roots attorney repeated arguments that the store infringed on a hiking trail.
Both the developer and the Town of Brighton argued that this was not the case, and the town said the trail in question was never intended to be park land.
Whole Foods will be able to open at 7:00 a.m. and to operate while the Brighton Grass Roots appeal moves forward