Supermarket squabble: Richland Shop 'N Save sues neighboring Walmart over grocery sales

When Walmart was planning its Richland location in 1998, the company agreed it would not operate a full-service grocery store there — at least in part to try to protect the Shop ‘N Save store adjacent to it in Richland Mall.

But in 2008, Walmart sent a letter offering to pay $1.4 million to lift the use restriction so it could use its outlet there, called the Gibsonia Store, as a supermarket.

When there was no response, Walmart sent another letter in 2010 — this time offering $2.5 million.

Again, according to a lawsuit filed in federal court this week, there was no response, and Walmart continued to operate as a discount store selling “incidental food items” — until January.

That’s when Walmart expanded its grocery department, according to the complaint.

“The Gibsonia Walmart now has more aisles of groceries than the Richland Shop ‘N Save,” the complaint said.

That’s why Shop ‘N Save’s owners, Bradley Zupancic and Kevin Verikas, operating as Copperleaf Food Group, are suing for breach of contract.

The complaint was filed Tuesday in U.S. District Court and seeks money damages and an injunction to stop Walmart from acting as a grocery store.

On May 8, Copperleaf sent Walmart a cease-and-desist letter, but they have not heard any response.

A spokesperson for Walmart said the company would respond in court after being served with the complaint.

According to an easement deal Walmart entered into with the Richland Mall’s owner, the company agreed that “no portion of the Walmart parcel shall be used for the operation of a supermarket or grocery store…”

The agreement went on to say that the restriction did not prohibit “the incidental sale of food items in conjunction with the operation of a discount department store.”

Those restrictions, the agreement continued, were “for the benefit of the owners and any tenants” of the owners.

Copperleaf, as the tenant operating Shop ‘N Save, is included in that, the lawsuit alleged.

According to the complaint, in June 2024 Copperleaf took over the independently owned store, which opened in the late 1970s.

Before January, the lawsuit said, Shop ‘N Save’s average monthly gross sales were approximately $281,000.

However, after Walmart began increasing its grocery offerings, the complaint claimed, Shop ‘N Save’s monthly sales “substantially decreased.”

The lawsuit did not provide a figure.

According to the complaint, the Shop ‘N Save store is 49,000 square feet and has 15 aisles of goods.

But beginning in January, Walmart began reducing several departments — including automotive, jewelry, craft and cosmetics — to make room for groceries, the lawsuit said.

Then, in April, Walmart announced expanded offerings at several remodeled stores, including the one in Richland.

It now has at least 45 aisles of groceries, the lawsuit said, including canned, boxed and frozen food and has expanded its curbside pickup for fresh meat, seafood and poultry.