AMHERST, N.Y. — It’s been nearly a year and a half since the Town of Amherst designated the Boulevard Mall property an urban renewal area, opening the doors to the eminent domain process. But the town has yet to take over the mall site.
In 2019, developer Douglas Jemal paid a little over $30 million to buy the 65-acre shopping center. But as legacy leases at the site tied up the developer’s abilities to move forward, the town opted to use eminent domain, which allows a municipality to take private property for public use.
The latest delay: JCPenney recently filing a notice of appeal after the court ruled last month against its petition seeking the court to reject Amherst taking over its property. Penney Property Sub Holdings LLC, which owns the 2.3 acres of retail space where JCPenney operates and associated parking space, filed the petition in March.
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