Court blocks further work on hotel project near Living Spaces

This area behind Living Spaces is proposed for a Hilton Home2Suites hotel. (File photo)

By Doug Spoon, Editor

The attorney for the Living Spaces furniture store in Menifee was granted a preliminary injunction against Apollo VI Development Group, LLC, blocking further development of a proposed Home2Suites hotel planned for the parking lot space behind Living Spaces on Antelope Road.

In a ruling in Riverside Superior Court on July 1, a judge blocked further development of the project “until there is a final adjudication of the case.”

“Note that to issue a preliminary injunction like this, the court was required to first find that it is reasonably probable that Living Spaces will ultimately prevail on its lawsuit,” said Ray Muro of the Noron Rose Fulbright legal team. “Indeed, the court’s written ruling specifically states that after reviewing the evidence presented by both sides, 'it appears that Living Spaces will likely prevail on its claims.'”

Chintu Patel of Apollo Development acknowledged the legal action in an email to Menifee 24/7.

“Yes, they were granted the motion to stop any development, and there has been no further action since then," he wrote. "We have not appealed the ruling. We are still unsure about the situation and what their specific concerns are.”

The Hilton Home2Suites hotel was approved by the Planning Commission on June 12, 2024. An appeal of the decision was filed by an environmental group, but that appeal was denied by the City Council on Aug. 7, 2024. Council members acknowledged receipt of a letter of opposition from Living Spaces, but agreed with city staff that the basis for the objection was “not within the purview of the city.”

Living Spaces cites a decades-old Operation and Easement document, which is a legal agreement that sets the terms for co-existence of businesses within a shared space. The agreement was created in 1991 for tenants of the original Menifee Town Center, now anchored by a Ralphs supermarket and the Living Spaces store.

That document prohibits “any living quarters, sleeping apartments, or lodging rooms.” Living Spaces representatives say they first became aware of the nature of the proposed project when they received a letter on Jan. 23, 2024 from shopping center owner Fabio Conti, requesting permission to designate a portion of the center’s parking spaces as reciprocal spaces for hotel guests’ use.

Last fall, Patel told Menifee 24/7 that the OAE states that any tenant in opposition of a project should come forward with objections. He said Living Spaces management was informed in 2023 of the impending sale and nature of the business and didn’t object to the project until after escrow closed.

The lawsuit against Apollo Development was filed in September 2024. Attorneys for Apollo filed a cross-complaint in April. A case management conference is scheduled for Oct. 2.

The Hilton Home2Suites is designed as a four-story, 106-room extended stay hotel to be located behind Living Spaces.