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Court to Rule on Rodent Issue at DC Whole Foods: Was It ‘An Act of God’?

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A D.C. judge has to rule in a battle between the Whole Foods in the Glover Park neighborhood, which was forced to shut down due to a rodent issue after over 20 years of existence, and Wical Limited Partnership.

According to DCist, among the issues the judge has to decide on is whether the rodent infestation in the grocery store was an “act of God.” The answer to the question is the main focus of the case.

The Whole Foods location closed two years ago for a rehabilitation. The closure followed the D.C. Department of Health’s shutting down the place twice.

Wical Limited Partnership, which owns the building, does not consent to a renovation work. Hence, if the judge concludes that the Whole Foods cannot be blamed for the persistent rodent problem, it would be able to start construction in the building. If not, the company would be able to stick to its decision about not giving permission for changes.

Wical reportedly refused to allow renovations because the store remained closed for over 60 days, which is banned in the lease. Whole Foods took the conflict to the court in 2017. In January last year, a judge allowed the lawsuit to proceed.

During the legal process, over 1,500 residents of the Glover Park neighborhood digitally signed a campaign that was launched on Change.org in the same year, asking for the Whole Foods on Wisconsin Avenue to be re-opened.

“Whole Foods Market has been a fixture in the Glover Park community for more than 20 years. Our community has relied on the natural grocer for its quality offerings (and its effect on our property values), and now its re-opening relies on community action. Without taking action, Glover Park residents might lose Whole Foods permanently,” residents said.

“We’ll be subject to the endless number of possibilities for a replacement tenant, and we might get one we don’t want. Additionally, retailers on Wisconsin Avenue in Glover Park have suffered greatly with a drop-off of foot traffic which was previously driven by the Whole Foods. We fear that these tenants will ultimately be forced to close their doors if foot traffic does not revert to historical levels soon.”

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