Judge gives Century III Mall owners until next month to prove they will raze the property

An Allegheny County judge on Friday gave the owners of Century III Mall until next month to show good-faith progress in razing the nuisance property or she will move forward with a proceeding that could allow the District Attorney’s Office to take possession and have it demolished with public funds.

Common Pleas Judge Jill E. Rangos said if the property owners don’t follow through with what they said in court on Friday, the case will go to a hearing on a motion filed by the DA’s office.

“I think it’s a victory for the municipality,” said West Mifflin Mayor Chris Kelly, who attended Friday’s hearing and has been highly critical of the property owners. “I think the judge was serious and will hold their feet to the fire.”

Rangos set a status conference for April 18.

Allegheny County District Attorney Stephen A. Zappala Jr. and officials such as Kelly have gotten fed up with the mall owners’ pace in addressing the blighted property.

In January, Zappala filed criminal charges of causing or risking a catastrophe and making a public nuisance against the owners.

He also filed a petition seeking to take possession of the property that would allow his office to solicit bids to have it demolished.

A hearing on that matter was scheduled for Friday, but earlier in the week, the mall’s owners told the court they had executed a demolition contract with a reputable company and were seeking permits to begin the process. The first phase involves razing the parking structure.

Attorney Steve Townsend, who represents the mall owners, asked for a 30-day postponement so his clients could show they are serious about following through with the demolition.

The DA’s office objected, and on Friday morning, Rangos heard argument on the issue.

“We are acting in good faith moving forward to abate the nuisance, which is exactly what the commonwealth is seeking,” Townsend said.

He told the court his client has been working to sell the property for redevelopment for years and had offers from three buyers, including Amazon.

They all fell through.

“It’s not like Century III has abandoned this property and just chosen to not do anything with it,” Townsend said. “We have been actively trying to remedy what’s going on here.”

The owners worked to get the demolition contract in place, and they now have moved heavy equipment on-site, Townsend said.

He argued that if Rangos allowed the hearing on the DA’s petition to go forward, no matter what the outcome, it would likely be appealed, meaning that any demolition on the property would be stalled for years.

And, Townsend continued, even after that, the commonwealth would still have to go to the General Assembly to secure funding.

“We’re moving now. We’re abating the nuisance now,” he said.

But Assistant District Attorney Jon Pittman said the owners have had five years to address the “deplorable” conditions at the mall.

“It is a catastrophe waiting to happen,” Pittman said.

In 2019, the owners said they were going to raze the property within a year, redevelop it, put in apartments, restaurants and green space, he continued.

“None of that happened,” Pittman said. “There’s no other remedy that can be explored short of criminal prosecution to remedy the situation we have out there.”

The owners, he said, can’t be trusted.

“They have not followed through on one promise they have ever made.”

Pittman said that under the DA’s proposal, the state of Pennsylvania would front the cost for demolition of the 86-acre site, and then place a lien on the property, so when it is sold, the cost is recovered from the proceeds.

“The commonwealth doesn’t want to be in the real estate business,” Pittman said. “It has to be knocked down. The commonwealth is willing to knock it down.”

Rangos said it is not in anyone’s interest to delay the project indefinitely.

In 2019, West Mifflin condemned the property, which was bought at sheriff’s sale by Century III Mall PA LLC in 2013 for $10.5 million. The last store there, JCPenney, closed in 2020.

Since then, what was once a national shopping destination has degraded into a dangerous, 1.3 million-square-foot abandoned property sought out by urban explorers.

There have been fires, the roof has fallen in, and parking structures have collapsed.

Last summer, a teenager fell through the roof.

In granting the 30-day postponement, Rangos made a list of requirements that the mall owners will have to complete to show they are making progress.

They include providing her with the completed permit applications, photos of heavy equipment on-site and proof of both the wire transfer payment to the contractor and a contract to repair the connecting road.

“It’s in no one’s best interest to foreclose the possibility Century III is now at the table and acting in good faith,” Rangos said.

It is not known what company the mall owners have hired to carry out the demolition or how much it might cost. Townsend was granted a protective order to keep the details confidential.