Alexandria restaurant La Bergerie will not relocate due to a prolonged and costly legal battle, the owners announced Monday.
Laurent and Margaret Ticer Janowsky said that due to the lawsuit filed by 23 residents several years ago, they no longer have the financial resources necessary to complete their envisioned fine dining restaurant and five-room inn at 329 N. Washington St.
City Council approved the move three years ago, rezoning the property from residential to commercial. Residents in the area sued.
While the City of Alexandria won the lawsuit in Circuit Court and the Virginia Supreme Court twice declined to hear an appeal of the decision, the 3.5 years it took to conclude the case took a significant financial toll on the Janowskys, they said.
Not only have they lost a personal investment of more than $400,000 in these legal difficulties, they noted, but they lost investors who, over time, invested elsewhere.
In July 2014, the Janowskys signed a contract to move their French restaurant, La Bergerie, to a fully-restored four-story Federal-style historic building at 329 N. Washington Street. In addition to indoor and outdoor dining, the Janowskys planned to run a five-room inn upstairs.
In October 2014, the Janowskys received unanimous approval of their proposed business plans from the city’s Planning Commission and the Alexandria City Council. In November 2014, 23 individuals who own homes in the vicinity of the proposed location, at 329 N. Washington St., joined together to sue the City for their approvals.
Meanwhile, the La Bergerie lease at Crilley Warehouse expired and, after 40 years in Old Town, the restaurant closed Dec. 24, 2016.
Laurent stated that he is “very disappointed" not to be able to bring his "unique, destination, fine-dining experience to Old Town. We were also looking forward to offering the only hotel rooms in an historic, Federal-period property in Alexandria.” He also noted how supportive their customers have been throughout this ordeal and cannot thank them enough.
Margaret added, “We find it extremely unsettling that a few residents can destroy a reputable 40-year-old local business just by filing a lawsuit, which we believe they had no expectation of winning. We believe it was their intent all along to do just what has happened, make us spend so much money in the lawsuit and drag it out over so many years, that we, in effect, have been bankrupted by it. It’s a very sad day for local, small businesses in Old Town, Alexandria.”
The Janowskys also own Del Ray Café.
