Amherst, N.Y. (WBEN) - After a year of challenges, JC Penney has withdrawn its challenge to the Town of Amherst's eminent domain so the Boulevard Mall transformation project can move forward.
Supervisor Brian Kulpa says JC Penney wants to be part of the project.
"Sometimes litigation gets in the way of, of company's real intent. So we're happy that they've finally helped remove that single obstruction and would like to see what could work out in the future," said Kulpa on Friday in an interview with WBEN.
Kulpa notes it's not the town, but Douglas Development, that will transform the mall into a town center. He adds the end of eminent domain challenges will allow the process to move forward.
"They may find someplace nearby off site that they prefer, they may say we want to be right on this site. That'll be up to them to work through the private sector with not the town specifically," noted Kulpa.
The Town of Amherst will do everything possible to ensure JC Penney can stay operational, right up to the point where that's no longer feasible.
"Even if there's some demolition on the mall, our hope would be that that building can stay operational until such time that they're ready to make a move," Kulpa said.
Kulpa believes the objections came from uncertainty about JC Penney's future at the site.
"They own a building. They own the land directly under their building, but they don't own any of the parking spaces around them. They lease that. So obviously, you need to have parking to be viable. They were concerned that they could be on the outside looking in," Kulpa said.
That would have remained until they sign a lease agreement or a purchase agreement someday.
"I think they understood the magnitude of the project and the magnitude of the property and the age and condition of the property that we're trying to hold on to didn't align," Kulpa noted.
Douglas Jemal and Douglas Development are the owners of the Boulevard Mall.