AMHERST, N.Y. (WKBW) — The Town of Amherst will move forward with the next steps in the Boulevard Mall eminent domain process after JCPenney agreed to drop its challenges, a town spokesperson told 7 News.
A town spokesperson released the following statement on Friday:
"JCPenney has agreed to drop its challenges to the Town’s exercise of its eminent domain powers on the Boulevard Mall site. There will be no further appeal to the 4th Department or the Court of Appeals.
Now that the JCPenney challenges have been resolved, the Town is free to move forward with the next steps in the eminent domain process. At this time, the Town is negotiating with the current property owners to establish acquisition and resale prices and terms. Resale may be to the current property owners or to other developers. Once these terms are established, the Town will complete the acquisition under Article 4 of the Eminent Domain Procedure Law and will resell the land for demolition and redevelopment."
The future of the Boulevard Mall has been in flux for years.
In July 2019, developer Douglas Jemal purchased the mall after it went up for auction.
In October 2023, a court ruled in favor of the Town of Amherst in the eminent domain case involving JCPenney and the aging Boulevard Mall property.
"The goal is to spur redevelopment, using the authority that the town has," explained Chuck Malcomb, the outside special counsel for the Town of Amherst.
Earlier this month, a town spokesperson told 7 News that JCPenney lost one of its appeals in the eminent domain case.
"Appeal dismissed without costs, by the Courtsua sponte, upon the ground that no substantial constitutional question is directly involved," a court document said.
Most of the stores in the mall closed earlier this month, besides stores like JCPenney with exterior entrances, as Douglas Development prepares to take over.
The mall was once considered a shopping staple in our region, but with many shopping online that has meant fewer people at the mall and some consumers prefer newer shopping centers.
