VIRGINIA BEACH, Va. (WAVY) — The Virginia Supreme Court has denied hearing an appeal from condo owners attempting to halt the expansion of a retirement community in Virginia Beach.

In a statement issued Tuesday, the court stated that “there is no reversible error” regarding the previous judgment regarding the Westminster-Canterbury on Chesapeake Bay.

The appeal had caused a delay in plans to construct Virginia Beach’s third-tallest building along Shore Drive.

J. Benjamin Unkle Jr., CEO of Westminster-Canterbury, issued this statement:

We are happy the appeal was dismissed and can no longer delay the expansion of our faith-based, non-profit ministry to older adults.  Our City desperately needs this project.  It is a great win for older adults in Virginia Beach. We will work with our finance and construction partners to set a new schedule for construction.  

J. Benjamin Unkle Jr.

Back in January, Ben Unkle was forced to stop construction of the next phase of work until legal matters were resolved.

The $250-million expansion project would add a 22-floor independent living facility and parking garage and a seven-story tall assisted living facility to the community. In total, the project would add 340 units: 217 units in the 22-story building and 123 total units in the seven-story building for assisted living and memory care units.

That was until late October 2020, when multiple parties filed the now-dismissed lawsuit asking a judge to void the vote from Virginia Beach City Council approving the controversial plan.

The neighboring property owners alleged the taller building will obstruct their scenic view, increase pedestrian traffic if new beach access in the area is created, deprive them of “rights to light and air” due to shade and shadows created by the new building, and decrease property values, among other things.