A closed off lot in Herndon, Va. seen on Oct. 2, 2026, is the subject of a legal battle between the town and a private developer. (7News)
HERNDON, Va. (7News) — A desirable five-acre lot in the middle of the Town of Herndon has sat vacant since 2017, and is now at the center of a legal battle between the town and developer.
The Town entered an agreement with Comstock Herndon Venture, LC nine years ago to develop the property. After extensive meetings and community input, a source told 7News there was a solid plan for the site in 2019.
"It was a public, private partnership with the expectation it would have mixed use development with the expectation it would have an art center, outdoor parking garage as well as housing, commercial and retail," said Town of Herndon Mayor Keven LeBlanc.
Then, factors from the pandemic, increasing construction costs and other hurdles delayed the project.
According to the town, in 2024 Comstock notified they town they did not want to continue with the project saying the redevelopment was unworkable.
In 2025, the town started a legal process to try to get the property back.
"We issued a notice on the deed that it’s in dispute, we asked the deed be returned to our name per the contract, and once that wasn’t done in July of 2025 we issued a lawsuit, for Comstock to return the deed to us," said LeBlanc.
Then in September of this year, a judge granted Comstock's motion to dismiss, keeping the land in their control.
"While the ruling was in their favor we will continue to fight," said LeBlanc. "This is the heart of Herndon, and we are committed to continuing to bring that heart to fruition."
A source affiliated with Comstock tells 7News they are not holding the land hostage. They explained, in the contract, the town is responsible for paying any costs incurred in preparing the land if Comstock were to hand it back over. The source said they still welcome the chance to work with Herndon.
7News asked the LeBlanc about those contract terms.
"Both parties put aside everything but the land deed in order to proceed with that, during the court case, so give us back the land which is rightfully ours, per both the agreements in the law and the contract then we can talk about the other things, and that can move through its own legal proceedings," said LeBlanc.
Comstock posted the following quote after the September ruling:
“We are pleased with the Court’s decision granting summary judgment in Comstock Herndon’s favor, confirming our position regarding the involved parties’ contractual rights and obligations," said a Comstock Herndon spokesperson. "While we are disappointed by the tone and characterization of the Town of Herndon’s public comments following the ruling, we remain willing to keep with our original intent to work with officials on redeveloping a key piece of Herndon’s historic downtown into a Class-A mixed-use development. We firmly believe moving forward with a collaborative approach would be in the best interest of all stakeholders.”
As of Friday, part of the five-acre property is fenced off, with over grown grass inside. The other part of the plot is covered with parking spaces and a building that's a local art space.
"To see blight and fences and overgrown weeds, there’s impacts to parking, and to life and the entire ecosystem of downtown," said LeBlanc.
People who live and work in downtown Herndon are tired to looking at the vacant lot.
"It would be awesome if something was there," said Graham James with Aslin Beer Company. "Something living, something residential, something that’s going to draw people down here, and if more people are walking down here the more likely they’re going to come in."
The town plans to appeal the judge's September ruling.