The shooting was believed to happen in the parking lot of Dino's Food Mart.
The wrongful death lawsuit, filed in Jefferson Circuit Court in September 2020, claimed the 53-year-old barbecue chef committed no crime before he was killed on June 1, 2020.
The West Broadway convenience store that ended up in the heart of Louisville protests a couple of years ago is fighting back.
Marching outside of Dino's Food Mart in the Russell neighborhood, people held signs asking to stop the violence.
Dino's was deemed a public nuisance in April due to multiple citations for criminal activity occurring on the property at 26th and Broadway.
If the owners lose the appeal, they must pay a $400 fine, and the city will work out a timeline for the business to vacate.
Police said Marvin McAtee was shot and killed just feet from where his uncle, David McAtee, was killed several months ago.
No injuries were reported after a fire on the roof of Dino's Food Mart at 26th Street and Broadway, in the Russell neighborhood.
The shooting was reported just before 10:30 p.m. Monday, Jan. 20, at 26th and Broadway.
This is Louisville's 24th murder of 2017.