The owners of Boulder's Twenty Ninth Street shopping center have counter-sued Whole Foods Market Inc. and Wild Oats Markets Inc. over the 15-month-old development's unopened grocery store.
Santa Monica, Calif.-based Macerich Co. alleged that Whole Foods prevented Wild Oats from opening the 40,000-square-foot market in a move to diminish local competition. That action, Macerich claimed, is causing financial harm to the mall, its tenants and Boulder consumers.
The Austin, Texas-based Whole Foods bought Boulder's Wild Oats last year for $565 million.
Its "interference with Wild Oats' performance of the lease has injured other shopping center tenants by eliminating an anchor tenant operating a specialty grocery store and the Boulder community, by eliminating competition," attorney Timothy Gordon wrote in Macerich's claim.