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Judge Orders Appraisal of Ukrop's on MooretownBy Amber Lester Kennedy Thursday, March 17, 2011 A judge ruled Wednesday that Ukrop’s must allow an appraiser to evaluate its Mooretown Road property within 30 days. York-Poquoson Circuit Court substitute Judge Walter Ford settled a dispute between Ukrop’s and Texas-based American General Life Insurance Company (AGL) over whether Ukrop’s had to allow its property to be appraised. Ukrop’s wanted to prevent an appraisal from taking place before a judge had ruled whether some of the grocery store’s fixtures are Ukrop’s personal property or part of the building. The likely new owner wants to market the building, the center's anchor space, to another grocery store. Without fixtures, which AGL believes are part of the property under contract, that would be more difficult. It was the latest in a series of courtroom hurdles AGL has to clear in its $2 million lawsuit against Ukrop’s. AGL filed the suit on Aug. 13, 2010, claiming it has the right to purchase the former Ukrop’s location, which has been vacant since Jan. 31, 2009. Although Ukrop’s owns its building and parking lot, it had entered into an operation and easement agreement with the Williamsburg Market Shopping Center’s previous owner, WaitzerWMC. The agreement gave the center’s owner six months to buy the Ukrop’s property if it stopped functioning as a grocery store for a full year. AGL purchased the shopping center through foreclosure for $7 million in June 2010, and had until July 31, 2010 to exercise its repurchase rights. The company notified Ukrop’s of its intent to purchase by certified letter dated July 23, 2010, but on July 20 of that year, Ukrop’s signed a contract to sell its fixtures to Supermarket Equipment Sales for nearly $800,000. In September 2010, Ford ruled that Ukrop’s could not move forward with that sale, but the fixtures, including refrigerators, grills and more, are still central to the case and were brought up again on Wednesday. Since litigation began in September, both parties have argued the finer details of the case. In November 2010, Judge William Andrews settled an argument over whether AGL mailed its notice of repurchase rights on time. Ukrop’s lawyer Courtney Paulk argued the operation and easement agreement with WaitzerWMC would have required notice within six months of the store’s closing. AGL’s lawyer Sheldon Franck successfully argued that AGL had 18 months – 12 consecutive months since the store’s closure and six additional months following that period. On Wednesday, AGL lawyer Andrew Franck argued that under the operation and easement agreement, an appraisal of the property had to take place before the building could be sold. In compliance with the agreement, both AGL and Ukrop’s agreed to hire appraiser Brad Sanford to look at the property, but Ukrop’s then barred him from entering the building. Paulk argued that before an appraisal could take place, the two sides would have to come to an agreement on what items are considered fixtures and what is Ukrop’s personal property. In a previous hearing, the two sides were told to draft a list of what both agreed could be called fixtures; that list is due in April. Paulk also argued that it wouldn’t be fair to allow Sanford to complete the appraisal if he might be used as a witness when the case goes to trial in November. Ford sided with AGL, saying that if they made an offer to buy it, an appraisal has to take place at some point. He also said since they made the offer on July 23, 2010, the appraisal should reflect the building’s worth at that time. He said Sanford must complete an appraisal within 30 days. At the September hearing, AGL indicated the fixtures are important to the sale because the company would like to be able to market the property to another grocer. At that time, Divaris Real Estate Chairman Gerald Divaris testified that the spot needed to be filled quickly because several tenants of the shopping center have co-tenancy provisions in their leasing agreements that allow them to go to a reduced rent rate if the anchor store leaves. The anchor has now been gone for two years, and he said his primary objective is to fill the space. |
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Comments
Common sense...hurrica n isabella was on September 18th, 2003..a thursday. All stores were open and only 2 had power. I would check your facts before you make up stories about sundays and Ukrop's was closed. They were open for days the morning after the store and they did help a lot of people in need...you are still not helping anyone seven years after the storm.
Except during hurricane Isabel when they had power but chose to stay closed because it was "SUNDAY" when they could have helped a lot of people in need.
The building should be used for the Salvation Army. God knows we cater enough to the elite around here.
I agree, Cheri. I can't help but wonder if they tried to lure a Wegman's down here. My mom has one in Fairfax and I go every time I visit her. Talk about a customer-servic e oriented store - WOW!! To me, Wegman's is like what Ukrop's used to be, just kicked up to notches unknown
To the smaller merchants left standing? Please, judge, and the center owners, HELP them survive!!!!