Victor granted eminent domain rights to take over Lord & Taylor in Eastview Mall

VICTOR, N.Y. (WROC) — After over a year of legal back-and-forth, a New York State appellate court has ruled in favor of the town of Victor and Wilmorite, the developer of Eastview Mall:

The town can use eminent domain to condemn and takeover the currently vacant Lord & Taylor space in Eastview Mall. However, Wilmorite, the town, and HBC would need to agree on a sale price. The town is planning on appraising the parcel again soon.

Lord & Taylor filed for bankruptcy in August of 2020, and has been closed and vacant since February of 2021. Hudson’s Bay Company, the parent company of the clothing store and the de facto owner of that space, had not filled the unoccupied over 90,000 sq. ft. location.

In previous attempts by the town to take over the space, judges ruled that the town did not have sufficient plans for this space.

Following a 2022 ruling, Victor put forth plans that would divvy up the space into three parcels:

• 50,000 sq. ft. for an environmentally friendly home goods and clothing retailer in “advanced negotiations”
  • Marren claims this tenant was also proposed by Wilmorite to HBC
• 32,000 sq. ft. leased a family-owned grocery
  • A letter of intent has been signed by Wilmorite, according to Marren
• 11,00 sq. f.t municipal space for Victor
  • Would take the remaining space
  • Needs a vote from the town board to determine how it can be used
    • Potential options include a business incubator, a rec center space, more

It’s not clear if the town will use these exact plans how the judge has ruled in its favor. In a January interview, Town supervisor of Victor Jack Marren said that he had heard from two interested parties in the “anchor tenant space.”

Marren previously said in a public meeting that not only is the town losing tax revenue from the lack of sales there, but the empty space is an eyesore and is preventing more tenants from coming into the town, and Marren says tenants are leaving because of it. It also is one less employer in the town.

“the mall in many areas is doing quite well, and the area by the food court could use a nice shot in the arm, and we feel that filling this 90,000 sq. ft. with some type of retail component is important to the viability and long-term success of the mall,” Marren said Thursday.

Marren adds that HBC could still appeal this ruling. If they do, eminent domain will again be contested, but the town can continue its appraisal process.

Wilmorite declined comment. News 8 has reached out to HBC and hasn’t heard back yet.

Check back with News 8 on this developing story

For the latest news, weather, sports, and streaming video, head to RochesterFirst.