Cooper’s Hawk has had a location outside Short Pump Town Center for over a decade. (Mike Platania photo)
Cooper’s Hawk Winery & Restaurant, the chain that operates a popular spot in Short Pump, wants to open its first location in Chesterfield. And it wants a particular parcel so badly it’s willing to sue over it.
The Illinois-based company last month filed a lawsuit against the developers of Midlothian Depot, which is under construction at 11703 Midlothian Turnpike and will be anchored by the county’s first Whole Foods store.
Cooper’s Hawk alleges that it signed a lease at the development, but that SJC Ventures, the Atlanta-based firm that’s behind the project, reneged on the deal and instead leased Cooper’s Hawk’s space to another tenant without Cooper’s Hawk’s permission.
The lawsuit, filed in late September in the U.S. District Court for the Eastern District of Virginia, alleges that SJC is attempting to “alter the parties’ deal unilaterally and force Cooper’s Hawk into an undesirable and unsustainable location within Midlothian Depot.”
The lawsuit is the first time Cooper’s Hawk’s plans for the Southside location have been made public.
The chain, founded in 2005 and now based in the greater Chicago area, offers a wide selection of wines along with a food menu filled with steak, seafood, salad and pasta dishes. Cooper’s Hawk has nearly 70 locations nationwide, including a Short Pump spot it opened in 2014.
Cooper’s Hawk’s wine bars are styled based on those in California’s wine country. (Courtesy Cooper’s Hawk)
Cooper’s Hawk claims that in May 2023 it finalized a long-term lease at Midlothian Depot for a stand-alone 10,000-square-foot restaurant space at the corner of Midlothian Turnpike and Alverser Drive. It describes the would-be space as “prime … with road frontage and ample parking,” and that the wine bar would be a “key tenant” at the development. The lease terms included annual rent payments of at least $500,000, according to the lawsuit.
Later that year, Cooper’s Hawk’s leadership allegedly reached out to SJC leadership to request an update on the development, but received no immediate response. A month later Cooper’s Hawk claims it reached out again, only to receive a response from an SJC executive, who allegedly stated that it was unlikely that Cooper’s Hawk’s desired building would be constructed in the near-term, and offered Cooper’s Hawk the option to terminate the lease. However, Cooper’s Hawk claims it chose not to terminate the lease.
In January of this year, upon learning that SJC had finalized its purchase of the Midlothian Depot site, Cooper’s Hawk claims it reopened discussions with the developer. Cooper’s Hawk claims it was at this point that SJC sent it a new site plan, one that “appears to not even identify a location for Cooper’s Hawk, much less the desirable location (the two parties) agreed to.”
The lawsuit alleges that SJC both admitted the revised site plan was a departure from the initial site plan and acknowledged the existence of Cooper’s Hawk lease, but that the developer “continues to disregard its commitment to Cooper’s Hawk.”
Cooper’s Hawk claims that it tried in good faith to resolve the disagreement, but that when SJC began building a new retail building on the site the restaurant was allegedly promised, “Cooper’s Hawk had no choice but to initiate this litigation.”
Construction at Cooper’s Hawk’s would-be site was underway as of last week.
As of last week, construction of what appears to be a strip center was underway on the site. A flier from H&R Retail, which is handling leasing at Midlothian Depot, does not list Cooper’s Hawk as a future tenant.
Cooper’s Hawk is asking the court to require that SJC deliver it the promised premises and abide by the lease’s terms and conditions. The restaurant is also asking the court to restrain the developer from continuing construction on the site.
Despite the litigation against SJC, Cooper’s Hawk states in its lawsuit that it “still intends to operate a restaurant” at Midlothian Depot.
Rulings on the injunction requests had not been made by press time, nor has a response from SJC been filed.
Cooper’s Hawk is represented in the case by McGuireWoods atttorneys Matthew Fender and Carson Bartlett. Neither Cooper’s Hawk nor its attorneys responded to requests for comment.
SJC is represented by Christian & Barton’s Henry Willett, who wasn’t available for comment.
Other listed restaurant tenants at Midlothian Depot include marijuana-themed sandwich chain Cheba Hut, Nashville-style chicken joint Dave’s Hot Chicken and breakfast chain Turning Point. It also lists clothing retailer J.Crew, vet clinic Petfolk and furniture company Lovesac.
In total, Midlothian Depot is set to be a $100 million project with 87,000 square feet of commercial space, plus 60 townhomes.
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Dining and Cooking