Update on Comstock-Town of Herndon Controversy.
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Update on Comstock-Town of Herndon Controversy.

Mediation between the parties begins.

Images for illustrative purposes of the Town of Herndon’s arts walk within the Comstock Herndon Venture LC mixed-use redevelopment project in the historic downtown that will not be.

Images for illustrative purposes of the Town of Herndon’s arts walk within the Comstock Herndon Venture LC mixed-use redevelopment project in the historic downtown that will not be.

The Town of Herndon and Comstock Venture LC are entering mediation in June, a spokesperson for the town told The Connection in an email. “The Town is not party to any litigation concerning this project,” said Brent M. Heavner, the town’s new Chief Communications Officer, in mid April. 

It has been nearly five months since Dec. 6, 2024, when Comstock first notified the Town of Herndon of the company’s election not to proceed with construction of the downtown redevelopment project. 

After the project’s collapse, Comstock was supposed to execute certain documents to transfer the property back to Herndon, but according to the town's website on the project, it has failed to do so.

Since Comstock has not transferred the land back to the town, in January 2025, the town notified Comstock that it was exercising its contractual right to have the property returned. In the hopes that Comstock’s failure to return the property could be easily resolved, the town demanded “that the parties submit to nonbinding mediation.”

In December 2020, the town transferred a 4.7-acre parcel of town-owned land in the historic downtown district within a portion of its arts overlay district to Comstock at no cost under rules governed by a comprehensive agreement signed by both parties. At the time, a press release stated, “The public-private partnership between the town of Comstock will create the centerpiece of Herndon’s revitalization plan for its historic downtown.”

The mixed-use redevelopment project faced numerous challenges and delays after being agreed upon by both parties in 2017. In  2018, three neighboring property owners, under their rights, appealed the approval of Comstock’s project by the town’s Heritage Preservation Review Board which granted the developer the necessary Certificates of Appropriateness that allowed the developer to demolish buildings at 770 Elden Street and 750 Center Street. The appeal forced Comstock to withdraw its development plan and resubmit a new plan, which the Review  Board later approved in May 2019. Economic uncertainties followed, and in April 2022, this caused a two-year pause due to increased construction costs and supply chain disruptions further delayed by COVID-related issues.

According to the current town post regarding mediation, as of Monday, April 28, “This would allow the parties to work with a neutral mediator, with the hope that the town can avoid having to file a lawsuit against Comstock. This mediation process will last no longer than 90 days.” The online post states that Comstock would either reconvey the property back to town or not. If not, both sides would have to spend money on litigation. 

The collapse of the Herndon-Comstock Redevelopment project impacted the town and Comstock, but it also left buildings razed and businesses affected. Comstock razed the buildings at 770 Elden Street, the site of the former Stohlman Subaru. The company erected a construction fence around a portion of the property. The fence remains.

On Dec. 4, two days before Comstock announced the project’s collapse on Dec. 6, A Thousand Stories, the local Herndon bookstore located at 750 Center Street, announced it was closing because the building they were in “is closing next year due to the upcoming downtown Herndon development.” 

“We haven’t been able to find a new location.” The bookstore closed.