VIRGINIA BEACH, Va. — A holiday light show dispute in Virginia Beach is now playing out in court, with the Adventure Park at Virginia Aquarium asking a judge to block the city's new Holiday Trail of Lights from operating at the Virginia Aquarium.
In an amended lawsuit, the Adventure Park claims the attraction violates its agreement with the Virginia Aquarium Foundation, which the park says protects it from competing facilities within a 50-mile radius.
The park argues its own holiday attraction, Lumi Skywalk, and the city's light show are both outdoor, ticketed, walk-through experiences operating during the same holiday season and just hundreds of yards apart.
According to court documents, the Adventure Park attempted to avoid direct competition. The lawsuit alleges that during a July meeting, the park's principal gave representatives from the city and Beach Events a tour of Lumi Skywalk and suggested ways the two attractions could work together.
Instead, the lawsuit claims someone in the group asked the park not to operate Lumi Skywalk while the city's attraction was open.
The dispute also involves the park's planned observation tower. The Adventure Park claims the city effectively forced it to reduce the tower's proposed height from approximately 125 feet to 65 feet following Navy security concerns.
The park argues the height restriction was not based on any law, ordinance, or recorded property restriction, and cost the business money.
The Adventure Park is seeking up to $10 million from the Virginia Aquarium Foundation, up to $10 million from the city, and up to $1 million from Beach Events.
It is also asking a judge to prevent the city-backed Holiday Trail of Lights from operating on aquarium property.
In a statement, the city said its initial assessment of the claims against it is that they are "completely without factual or legal merit."
As of now, both holiday light attractions are expected to open on Nov. 20.
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