The future of the former Irondequoit Mall might be held in the hands of a court decision on Target’s ability to control development around it.
The agreement in question grants the Target in Irondequoit broad powers over access, utilities, signage and other aspects of the site. Now the County of Monroe Industrial Development Agency is looking to remove those rights by eminent domain in a bid to free up Skyview Drive for development.
Both sides made oral arguments before the Appellate Division of the Fourth Department of State Supreme Court on May 14, though a ruling won’t come until two weeks after the end of the term.
The crux of the argument: Target believes COMIDA can’t condemn its contractual rights on the Skyview Drive property without a specific project to evaluate. The development agency argues it has a right to free up the former mall for development aside from retail.
“COMIDA seeks to extinguish substantial, bargained-for rights held by Target not to accomplish a concrete public purpose, but to clear the path for a private developer’s undefined future redevelopment concept,” the retailer’s brief said.
There must be legitimate public purpose to take rights under eminent domain, Target argues, while the only clear benefit, with no project identified, would be to a private developer, mall owner Angelo Ingrassia.
COMIDA argued the contractual rights with Target effectively require the long-vacant interior of the mall to remain a traditional retail mall. By condemning those rights, it allows the mall to attract “diverse new tenants and end users,” the agency brief said.
The mall has already seen redevelopment, with senior apartments built in the former Sears department store and a new four-story building. It also houses Irondequoit Community Center and Rochester General College of Health Careers.
The area to be redeveloped at the mall is located between the community center and senior housing, as well as a large swath of the parking lot.
During oral arguments on May 14, Target reiterated the arguments in its brief, including it wasn’t given proper notice of the public hearing to contest the condemnation. COMIDA maintained the notices, which have proof of delivery from FedEx, were complete.
Counsel for the retailer argued there was no specific project, so it is unclear what rights COMIDA would take under eminent domain. If this were eminent domain in the sense of taking property, a project would need to be identified and same should apply to property rights, they argued. COMIDA said the time to seek clarity on the rights to be condemned was the public hearing that Target representatives did not attend.
The IDA argued that the scope of the project is to attract development opportunities to property. The rights Target has would require the mall owner to seek approval for redevelopment plans and would place limits on building height, lighting, parking and other concerns.
“In other words, condemning these real property interests will help the Company fulfill its mission to develop this valuable community asset to its highest and best use,” the brief said.
During the May 14 hearing, counsel for COMIDA said an agreement with Goodwill of the Finger Lakes to open a retail store and donation center was contingent on the condemnation proceedings. The new Goodwill location was announced last November.
— Steve Howe reports on suburban growth, development and environment for the Democrat and Chronicle. An RIT graduate, he has covered myriad topics over the years, including public safety, local government, national politics and economic development in New York and Utah.
This article originally appeared on Rochester Democrat and Chronicle: Target dispute could shape Irondequoit mall future
Reporting by Steve Howe, Rochester Democrat and Chronicle / Rochester Democrat and Chronicle
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