Residents aren't happy with the way the city has handled the whole thing and are now taking legal action.
A lawsuit seeks to halt the development of that new Kroger from being built on the property.
It was filed on behalf of Dennis and Lou Jean Livingston who are residents in a neighborhood near where the Kroger is slated to go.
According to court documents the Livingston's claim the city failed to provide proper public notice and opportunity to be heard by citizens and their actions should be considered illegal. At that time, Livingston said one of his biggest concerns was the value of his home.
"I figure the tractor trailers that are coming through have got exhaust fumes and they are going to run right here directly behind the garage," he says. "The gas station that is going to open up with it, widening of Temple Avenue right there, the construction is going to be crazy...I have no idea what it will do to the value of the house here."
Livingston's home would back right up to the new development. He along with his wife claim in the lawsuit the city broke the law when they changed the zoning of the property from Residential Office to General Business to allow for the Kroger store.
The Colonial Heights City Attorney sent us a statement that read "This lawsuit is without merit, and the City's actions in approving the Kroger project fully complied with the law. The Livingstons will fail in their efforts to derail the Kroger development, which is a development that will greatly benefit the City as a whole."
The Livingstons are asking that the court to declare the ordinances null and void, and are asking the court to grant relief to which the citizens may be entitled to including reasonable attorney fees.
The Livingston's attorney Eppa Hunton declined to make a comment. Copyright 2014 by Young Broadcasting of Richmond