Update on Lawsuit and Parking Lot Status


We want to provide you with an update on the status of NDC’s recent notice to terminate our sublease and its demand that we immediately stop taking deliveries on the City-owned parking lot next to our store. As we previously reported, we have filed a lawsuit against NDC and the City of Takoma Park to overturn NDC’s actions against us. All parties have been served with our complaint and have 30 days to respond.

Because our lawsuit will not be decided until long after NDC’s eviction notice takes effect on May 15, we are taking legal steps necessary to preserve our continued use of the parking lot while the lawsuit is pending. On Friday, we filed a motion seeking a Temporary Restraining Order (TRO) to suspend the effectiveness of NDC’s eviction notice and its demand to stop using the parking lot. The judge will hear arguments on Wednesday May 12, and we hope to get a ruling soon after that.

The Co-op has still not received any evidence, studies, or substantiation from any parties, governmental or otherwise, that question the safety of our delivery operations. Since April 23rd, when the City retracted a Fact Sheet making unsupported claims of unsafe operations by the Co-op, NDC’s Sub-Lease termination notice is the only place where these unsupported accusations still appear.

We continue to hope that NDC will resolve the need for our lawsuit by withdrawing its unsupported eviction notice, or that the City will resolve it by requiring NDC to withdraw the eviction notice. In the meantime, we will do what is needed to protect the Co-op’s legal rights and interests.

We appreciate the extensive support and outreach from members and shoppers over the last three weeks. We are especially grateful to the staff of the Co-op for continuing to work hard to keep the store operating despite the stress of the eviction notice hanging overhead.

We will provide another update after Wednesday when we know more about the status of our continued use of the lot.

Diane Curran & Mike Houston