BUFFALO, N.Y. (WKBW) — Developer Douglas Jemal said his plans for redeveloping the Boulevard Mall are "up in the air" due to confusion surrounding the Town of Amherst's eminent domain proceedings for the property.
In an update first reported by The Buffalo News, Jemal confirmed with 7 News that he's become frustrated that the Town of Amherst has not completed its transaction to take control of the Boulevard Mall property through eminent domain, a key part of Jemal's $150 million vision to transform the mall into a modern lifestyle center.
Jemal, who purchased the Boulevard Mall in 2019, told 7 News that during a recent conversation with Amherst Town Supervisor Brian Kulpa, he was informed that the town would no longer pursue eminent domain proceedings.
"He said it was dead," said Jemal. "It wasn't happening, they didn't have the money, and it wasn't proceeding."
When asked about his next steps, Jemal stated, "Up in the air... to take my project that I now have, pick up the pieces and put them back together again."
Still, the Town of Amherst says the process of seeking eminent domain continues.
7 News was told that Supervisor Kulpa was unavailable for an interview on Wednesday, but he released a statement saying that the town "continues to work through the eminent domain and urban renewal processes with regard to the development of the Boulevard site. The redevelopment is proceeding as previously outlined."
The Buffalo News reported similar comments from Supervisor Kulpa, who told the News, "The town still plans to use eminent domain on the mall," adding, "I have no reason to change the town's course, at this point."
"I would think someone would pick up the telephone and say Douglas, we might have a misunderstanding," said Jemal. "Nobody has said anything to us."
Paul Millstein, the Vice President and Head of Development for Douglas Development, told 7 News that redevelopment plans for the Boulevard Mall will move forward with or without the completion of the eminent domain proceeding.
"It's an excellent piece of property in a fantastic location," said Millstein. "The reality is time is our enemy, a lot of time has gone by, and we can't sit forever. That's unrealistic. That's not a plan."
The future of the Boulevard Mall has been in flux for years.
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.
In May 2024, 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 in May 2024 as Douglas Development prepared 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.
