AMHERST, N.Y. — A Boulevard Mall property owner has asked a court to reject the Town of Amherst's proposal to use eminent domain to take control of its land, according to a petition filed in state Supreme Court.
Penney Property Sub Holdings LLC, which owns the 2.3 acres of retail space where JCPenney operates and associated parking space, said the town did not establish the necessary reasons to take over the mall property, according to a petition filed in March with the state Supreme Court’s appellate division, fourth department.
The town has been in the process of redeveloping the Boulevard Central District, which includes the Boulevard Mall site, for several years, according to its response filed in court on July 25. That included revising the town code to allow for the redevelopment of a mixed-use town center and creating last summer an Urban Renewal Area.
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