AMHERST, N.Y. (WIVB) — A court has thrown out a challenge from JCPenney regarding the Town of Amherst’s eminent domain effort to take control of the department store’s Boulevard Mall location, a town official confirmed to News 4.

The court determined that the town followed due process regarding the eminent domain push and that there is a public purpose for redeveloping the JCPenney location and the Boulevard Mall into a mixed-use site, which would include housing, restaurants and stores.

The official told News 4 that the store was determined to be “blighted” by the court despite JCPenney’s argument that the location was still a viable commercial space.

JCPenney has the option to file an appeal to the decision, but they have yet to do so, the official said.

The next step in the Boulevard Mall redevelopment process involves the town getting court permission to formally acquire the property.

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Adam Gorski is a Buffalo native who joined the News 4 team in 2022. You can find more of his work here.