J.C. Penney files appeal in eminent domain case at Boulevard Mall – Buffalo News

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Shoppers enter Boulevard Mall in Amherst. The structure is to be demolished with a town center taking its place. Eminent domain was needed for the project.
J.C. Penney is not giving up easily in its fight against the Town of Amherst’s efforts to take by eminent domain the land occupied by the Boulevard Mall retail anchor.
Last month, a panel of appellate court judges sided with the Town of Amherst in its efforts to take by eminent domain the land now occupied by J.C. Penney at Boulevard Mall, but the department store is not giving up so easily.
J.C. Penney had argued that the store was profitable, not blighted, and that it had poured money into improving the location to support its success. The judges in Rochester decided, however, that it didn’t matter whether the store was viable because the town had the right to condemn an unblighted parcel as part of an overall plan to improve a blighted area.
Now, the retail anchor has filed a notice that it is appealing to the state’s highest court, the Court of Appeals.

This clears the way for the town to move ahead with its plan to empty the Boulevard Mall, demolish it and build a walkable town center with a mix of residential uses, retail, restaurants and green space in its place.
Amherst town officials were not surprised.
“The Town expected that JC Penney would attempt an appeal, and this is part of the process,” the town said in a statement.

Meanwhile, the town said its redevelopment planning process is “moving forward full speed ahead.”
“The Town is committed to revitalizing this key piece of commercial property that has been on the decline for several years,” it said in the statement.
J.C. Penney did not respond to a request for comment. The chain owns the building that houses the store, but not the land underneath it or the parking lots surrounding it.
The Town of Amherst has plans to empty and demolish the Boulevard Mall, then build a walkable town center project in its place, with restaurants, retail, residential uses and green space.
Stores at the mall will operate through the holiday season, then begin emptying at the beginning of 2024, according to Amherst Supervisor Brian Kulpa. Demolition will begin next year or 2025, depending on whether it’s a private developer or the town that does the work, he said.
Developer Douglas Jemal has owned most of the mall since 2019, with Benderson Development Co. holding a portion and other companies having contractual rights on the site.
To speed up the process of transforming the site into a town center, the Town Board in 2022 designated the mall an urban renewal area and, with the support of Jemal and Benderson, voted to temporarily take control of the site through eminent domain. The plan is for the town to acquire the properties, then sell them back to the two developers once the legal hurdles are cleared.
J.C. Penney has been operating at Boulevard Mall since 1971.
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J.C. Penney has filed a petition in state Supreme Court saying the store is thriving and doesn’t meet the town’s definition of blighted, “dyin…
The Town of Amherst intends to create an urban renewal area covering the Boulevard Mall, and a wide swath of the neighboring commercial distri…
The Town of Amherst intends to create an urban renewal area covering the Boulevard Mall, and a wide swath of the neighboring commercial distri…
Shoppers enter Boulevard Mall in Amherst. The structure is to be demolished with a town center taking its place. Eminent domain was needed for the project.
J.C. Penney is not giving up easily in its fight against the Town of Amherst’s efforts to take by eminent domain the land occupied by the Boulevard Mall retail anchor.
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