Attleboro Plaza Owner Sues Market Basket Over Mothballed Store

Roberto Scalese

An Attleboro plaza owner has sued Demoulas Super Markets, claiming the company violated a lease when it failed to open a Market Basket on its property.

Attorney Anthony DeProspo, Jr. confirmed to Boston.com that he has sued the supermarket chain on behalf of his client, Bristol Place, the Attleboro shopping plaza where the mothballed store is located. According to DeProspo, Market Basket said it does plan to open the Attleboro location, but has not said when.

“Their communication has been “We’re going to open,’” DeProspo told Boston.com.

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The suit, filed in June, alleges Market Basket violated its lease when it did not occupy the completed supermarket building back in April.

Market Basket Chairman Keith Cowan did not return a message seeking comment. According to DeProspo, the supermarket chain does not believe the lease required them to open the store by a specific date.

“They have not conceded that they were supposed to open,” said DeProspo. “Their position is they want to open. It’s a contractual issue.”

A judge heard motions on the case July 3 and has taken the matter under advisement, according to a clerk at the Bristol County courthouse.

The Attleboro location is one of two Market Basket locations that are fully built but unoccupied. Mayors in both Attleboro and Revere have expressed their frustrations to the company over the months-long delays. Revere Mayor Dan Rizzo told the company in a letter that the city is reviewing legal options, though he insists he’d rather forego legal action in favor of an opened store.