The Edgartown attorney whose lawsuit paused the planned expansion of the Edgartown Stop & Shop in 2018 has again filed suit against the project, naming the store, the Martha’s Vineyard Commission, and several others in a suit that claims work is proceeding there based on an expired permit and without proper public input into changes to the originally approved plan.

Attorney Benjamin L. Hall Jr. filed suit in Dukes County Superior Court on July 11 on behalf of his father, Benjamin L. Hall Sr., who owns and resides at 14 Cyprien Way. The elder Mr. Hall is identified in the lawsuit as a trustee of Courtway Trust.

The suit alleges that the MVC approval received by Stop & Shop in February 2018 expired in February 2020 and therefore the work currently underway at the Edgartown Stop & Shop is proceeding without permission. The suit additionally names the Edgartown building inspector, WJG Realty Trust, WJG Realty Co. LLC, developer’s attorney Geoghan Coogan, and WJG Realty Trust trustee William J. Cummings.

The plaintiff’s 2018 suit alleged the expansion plan would, among other concerns, create a noise issue and unreasonably shade the abutting residential property. That suit was ultimately unsuccessful, but did succeed in delaying the expansion plan past February 2020. That the plaintiff’s suit caused the initial delay is not addressed in the current suit.

On March 11, 2021, the MVC voted to extend the validity of its 2018 decision until January 1, 2023.

While the town had not yet been served in the case at press time, town attorney Ron Rappaport said the case held no merit.

“As far as the town is concerned, these permits are still in effect,” Mr. Rappaport said.

The 2018 approval for expansion allowed Stop & Shop to expand from its current 25,259 square feet to a total 42,691 square feet, an increase of 17,432 square feet. The project is currently underway without pause.