In October, we reported on motions to dismiss in the federal lawsuit accusing Wintergreen Partners, Inc. of violating antitrust laws. But the case can go forward, according to a recent ruling by U.S. District Court Judge Norman K. Moon. Nellysford-based Mountain Area Realty claims that an exclusive deal between Wintergreen Partners and the Charlottesville-based Roy Wheeler Realty has led to lost revenue for itself and higher costs to buyers and sellers of Wintergreen property. Due to this advantage, the complaint says, the market share for Wheeler Realty jumped to 25 percent from 2 percent since the 2006 deal. Mountain Area Realty is asking for an unspecified amount in damages, but details suggest the figure should come to at least $15 million.
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A trial date still needs to be set, but the show will go on without Roy Wheeler Realty. Moon dismissed the only charges against Wheeler, that the company “willfully and maliciously” injured Mountain Area Realty.
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