City Asks Court to Dismiss Adventure Park Suit
Virginia Beach attorneys say Adventure Park's lawsuit over a holiday light show should be thrown out, as both attractions prepare to open at the aquarium on Nov. 20.
Updated on Nov. 14, 2026 in Openings & Closings
Virginia Beach city attorneys filed a response in Virginia Beach Circuit Court on Friday asking the court to dismiss a lawsuit brought by Adventure Park, which alleges breach of a noncompete clause over the city's holiday light show. Adventure Park seeks as much as $10 million in lost profits from the city, along with damages from the aquarium's foundation and the city's entertainment contractor.
Why it matters
The dispute pits the city's plan to relocate its annual holiday light show to the Virginia Aquarium & Marine Science Center against Adventure Park's Lumi SkyWalk, which the park says competes directly with the city's attraction. The outcome could shape how contract restrictions apply to seasonal attractions in Virginia Beach.
Adventure Park seeks up to $10 million in lost profits from the city and $10 million in damages from the aquarium foundation, plus $1 million from the city's contractor IMGoing. The 2021 contract's noncompete clause covers a 50-mile radius, and the court has not yet ruled on whether it applies to holiday light displays.
The players
Adventure Park
Adventure Park is an aerial and outdoor attraction operating at the Virginia Aquarium & Marine Science Center in Virginia Beach.
Virginia Beach
Virginia Beach is the coastal city in southeastern Virginia that owns and runs the holiday light show and is defending the lawsuit.
Virginia Aquarium & Marine Science Center
The Virginia Aquarium & Marine Science Center is a public aquarium and marine research institution in Virginia Beach that hosts both holiday attractions.
The details
City attorneys argue that Lumi SkyWalk is not mentioned in either the city-foundation or park-foundation contracts, and that the 50-mile clause refers to adventure parks rather than holiday light displays. Adventure Park contends the city's Holiday Trail of Lights will compete with its attraction, and the city cites military security concerns as the reason for limiting the height of the Nautilus Lookout Tower.
Timeline
2021: Park-foundation contract with noncompete clause signed.
2026: City decided to relocate its holiday light show to the aquarium.
Friday, Nov. 13, 2026: City filed its response in Virginia Beach Circuit Court.
Nov. 20, 2026: Lumi SkyWalk and the Holiday Trail of Lights are scheduled to open on aquarium grounds.
Season Trajectory
The city's decision to move its holiday light show from The Boardwalk to the aquarium reshapes its seasonal lineup for the 2026 holiday season. Adventure Park's lawsuit tests whether contract noncompete clauses can limit publicly run seasonal attractions in the same area.
Visitors planning holiday outings at the Virginia Aquarium should expect two separate light attractions on the grounds starting Nov. 20. Families choosing between the city's free holiday show and Adventure Park's paid Lumi SkyWalk may find pricing and experience differences worth comparing before they go.
The takeaway
Contract noncompete clauses can reach beyond their obvious targets, so businesses signing them should check how broadly the geographic and activity language applies before a competing public attraction opens nearby.
What happens next
Lumi SkyWalk and the city's Holiday Trail of Lights are both scheduled to open on the aquarium grounds on November 20, 2026.
Further reading
For other new attractions and business changes in the area, see Openings & Closings in Virginia Beach.
Source note: This article includes information reported by The Virginian-Pilot.
