AMHERST, N.Y. (WKBW) — A court recently ruled in favor of the Town of Amherst in its eminent domain case involving JCPenney, and the aging Boulevard Mall property. This is a step closer for Amherst to take over the 60-acre property that the mall sits on now, to revitalize it.
"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.
Penney Property Sub Holdings LLC, which owns JCPenney's land at the Boulevard Mall, filed to block the eminent domain, but two weeks ago the New York State Supreme Court's Fourth Department Appellate Division rejected the challenge.
"This is a key commercial property in the town, and it's declining. Bringing that back is going to be a huge benefit for the community," said Malcomb. "Would from job creation, economic development, increase in tax base. I mean right now you have a declining tax base."
Malcomb said the Town of Amherst has a three-year window to follow the Eminent Domain Procedure Law, and other legal proceedings to physically take over the land.
While JCPenney owns its own land, Douglas Development purchased the majority of the mall's property in 2019.
Last year Douglas Development's founder Douglas Jemal told 7 News he envisions a "town center versus a mall with more interactive retail and residential and streetscape."
Right now the planning process and urban renewal plan outlines what the transformation would look like. Malcomb said the competitive bidding for redevelopers to transform the property has already started.
7 News reached out to JCPenney, and the Boulevard Mall, but has not yet heard back.
"No people walking around, it's sad very sad," explained Donna Davis of Buffalo.
"This is a huge area to revamp or do something new," said John Bannister of Tonawanda. He works as a barber half a mile from the mall. "There's a lot of people in this area, a lot of opportunity for people."
