BRIGHTON, N.Y. — Controversy continues to surround a proposed Whole Foods development in the town of Brighton.

Neighbors in the area have now filed a lawsuit against the town and developer.

The Clover/Allen’s Creek Neighborhood Association filed the lawsuit on Friday, accusing the developer, Daniele Family Companies, of unlawfully restricting access to a walking trail that runs along the side of the property.

The lawsuit says, in the past, the strip of land was granted a recreation easement, allowing pedestrian use of the Auburn trail.

It goes on to say the Daniele company has paved over areas of the trail for vehicle use, turned one portion into a parking lot and prevented the public from using the trail by gating and padlocking another area.  

The neighborhood association also alleges that the town did not give residents advance notice for when the proposal would be discussed at board meetings.

Another public hearing on Whole Foods will be held on February 28th at Council Rock Primary School.

The Brighton Town supervisor did not immediately return a request for comment.

Developer Anthony Daniele responded to the lawsuit with a statement saying in part:

“This lawsuit, which, along with other legal work being financed by the opposition is costing in the hundreds of thousands of dollars and is neither pro-bono nor being paid for by private individuals.”