AMHERST, N.Y. — An effort to block the Town of Amherst’s use of eminent domain to take control of land at the Boulevard Mall site has failed.
Penney Property Sub Holdings LLC, which owns the 2.3 acres of retail space where JCPenney operates and associated parking space, filed a petition in March asking the court to reject Amherst taking over its property, according to a petition filed with the state Supreme Court’s appellate division, fourth department.
This month, the court ruled that the petitioner’s contentions are “without merit.”
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