AMHERST, N.Y. (WKBW) — A Town of Amherst spokesperson tells 7 News that JCPenney has lost its appeal in the Boulevard Mall eminent domain case.
A legal document from April 18, 2024, shows the Court of Appeals dismissed the appeal in the matter of Penney Prop. Sub Holdings, LLC v Town of Amherst.
"Appeal dismissed without costs, by the Courtsua sponte, upon the ground that no substantial constitutional question is directly involved," the court document says.
This appeal came after a court ruled in favor of Amherst in the eminent domain case in October 2023.
WATCH: 'The goal is to spur redevelopment': Court sides with Amherst in Boulevard Mall eminent domain case
Elizabeth Burakowski, Amherst's Director of Special Projects, told 7 News that JCPenney now has until May 18 to file a petition against the appeal. If the petition isn't filed, the appeal is dead.
JCPenney is still suing Amherst over this matter. Burakowski said JCPenney claims that Amherst never properly notified the company about the eminent domain, however, Burakowski said the town did tell the company and even held a second public hearing with JCPenney representatives in attendance.
As of now, JCPenney remains open, but this appeal dismissal isn't a good sign for the store.
Douglas Development, owned by Douglas Jemal, purchased a majority of the mall's property in 2019 and is redeveloping it. The Town of Amherst feels this will do better for the community, than a rundown mall.
Most of the stores in the Boulevard Mall closed as of Sunday, besides stores like JCPenney with exterior entrances, as Douglas Development prepares to take over.
WATCH: 'It’s just very disappointing': Most stores at Boulevard Mall must close by Sunday
