Christmas light battle: Owners of Virginia attraction sue city after limiting its 125 foot tower
The organizers of a Christmas lights event are suing a Virginia city over a competing holiday attraction planned to open the same day.
Outdoor Ventures, which runs The Adventure Park and Owl Creek Landing at Virginia Aquarium in Virginia Beach , wants to hold its Lumi SkyWalk light show at the 65-foot Nautilus Observation Tower on November 20.
However, Virginia Beach is moving its Holiday Trail of Lights event from Virginia Beach’s boardwalk to the aquarium and it is also set to open November 20.
“If we have two light shows going on at the same time next to each other, there’s going to be a tremendous amount of confusion,” Outdoor Ventures CEO Bahman Azarm told WHRO.
The lawsuit, filed against the city and the Virginia Aquarium & Marine Science Center Foundation, is seeking $10 million from each organization and for the city’s light show to be blocked, WTKR reports. An additional $1m is sought from Beach Events, which runs attractions for the city.
The company claims the city’s event violates an agreement between the Adventure Park and the Virginia Aquarium & Marine Science Center Foundation meant to shield it from competing attractions located within a 50-mile radius.
The same lawsuit also details a previous dispute over the height of the tower, which was supposed to offer panoramic views of the coast.
However, Outdoor Ventures was forced to scale back the planned 125-foot height by half over concerns raised by the U.S. Navy.
The Navy said parts of the Dam Neck Annex and Naval Air Station Oceana would be visible from the top and requested the tower be built at or below the tree canopy.
According to Outdoor Ventures’ website, the tower is now 80 feet wide and 65 feet high, offering views of the surrounding forest and wildlife.
But according to the lawsuit, the change of plans meant the shorter tower opened later than planned, earning less than expected and prompting the business to think of new ideas to bring in customers.
The business had been “less assured” of success after spending millions on the structure, which lead to the idea of the Lumi SkyWalk.
In a statement to The Independent, Deputy City Attorney Chris Boynton criticized the lawsuit.
“Our initial assessment of the claims against the City is that they are completely without factual or legal merit,” Boynton wrote.
