Herndon files a lawsuit against Comstock to demand the return of the downtown redevelopment site

Herndon has officially filed a lawsuit against Comstock Companies, after the developer abandoned its long-stalled Downtown Redevelopment Project last year.

The town filed a suit in Fairfax County Circuit Court today (Friday), demanding that Comstock returns the nearly five-acre site it planned for to convert into an arts center with apartments, retail space, and a garage.

As part of a redevelopment agreement signed in 2017, the Town of Herndon will transfer the property in 2020 to Comstock. Herndon reports that as part of the agreement for the redevelopment originally signed in 2017, the Town of Herndon transferred the property to Comstock in 2020.

The site, located in the northeast quadrant at the intersection of Elden and Center street, is now largely occupied with surface parking. One commercial building at 750 Center Street was also forced to vacate by Arts Herndon towards the end of march.

Herndon officials filed in February a declaration with the circuit court stating they were terminating Comstock’s rights on the property because the real estate firm allegedly had not signed documents transferring ownership to the town. This new lawsuit indicates that these steps have not been taken.

Comstock did not immediately respond to requests for comment. However, the company stated in February that they remain interested in working together with Herndon to “bring this project to fruition” and to fulfill the vision of the Town for its historic downtown.

A requested copy from the Town Herndon of the complaint since the Fairfax County Courthouse is now closed over the weekend.

The long-awaited redevelopment of Herndon’s downtown has faced many obstacles, ranging from opposition from nearby property owners to increasing construction costs and other concerns due to the COVID-19 Pandemic. Comstock informed the town of Herndon, Virginia on December 6, 2024 after years of delays.

The downtown Herndon redevelopment was to bring 273 apartments, an arts center and plaza measuring 4,265 square feet, and 761 parking spaces. The arts center, originally proposed in 2017 to be 18,000 sq. ft., was downsized as a last-ditch effort by Comstock in order to make the project viable.

In public meetings held last year, Comstock officials and leaders said that high interest rates and construction costs, as well as disruptions in the supply chain, made it difficult for lenders to support the project.