Whole Foods Market is still in legal negotiations over its new Interbay store, which was set to open this month in the new Interbay Urban Center, according to a representative of the company.

Vicki Foley, a Whole Foods spokesperson, said the company is trying to downsize the size of the store from 60,000 square feet to 40,000 square feet.

"We are hoping to have a positive resolution soon," said Foley in an email response.

TRF Pacific, developers of the Interbay Urban Center, filed a lawsuit late September against the upscale grocery chain after the company announced it wanted to downsize the store and delay its opening until late 2009.

According to an official statement released in October from Whole Foods regional president John Clougher, the company had been in negotiations with TRF to downsize the new store for months.

"Whole Foods Market is disappointed that TRF Pacific was unable to meet the schedule we all agreed upon several years ago. We have been in ongoing discussions with TRF about downsizing the Interbay store for several months. We continue to believe these negotiations are a work in progress.

"While we acknowledge that there are legal complexities, we hope to come to a resolution," the statement continued. " Whole Foods Market's West Seattle store project is unrelated to this issue, and its development schedule is on track."

The store is planned for the west side of 15th Avenue West between Armory Way West and West Howe Street.

Whole Foods maintains that its larger stores are not profitable.