Pothole-riddled roads near the Pittsburgh Mills mall are the result of negligence by the mall’s owner and would cost Frazer $4.5 million to fix if the mall owner doesn’t.
That’s according to a lawsuit filed by the township against the Mills’ property owner — identified in court records as Pitt Galleria Realty, Pitt Realty, Pitt Galleria CH and Pitt Galleria Nassim — in Allegheny County Court this week. All of the named defendants are associated with or owned by Namdar Realty Group of New York.
According to the township, the roads through and around the mall — Pittsburgh Mills Boulevard; Galleria, Retail, Village Center, Value, Mills and Fashion drives; and Pittsburgh Mills Circle — are privately owned.
A representative for Namdar didn’t immediately respond to a request for comment Friday.
The lawsuit cites a 2003 Project Cooperation Agreement, or PCA, between the township and Pittsburgh Mills Limited Partnership regarding the mall’s development. In that agreement, the partnership agreed to be responsible for maintenance and upkeep of the mall roads other than the interchange with Route 28.
It’s not the first time Namdar has been sued over the condition of its properties. Published articles from across the country show Namdar has been sued numerous times for failing to redevelop or upkeep its commercial properties. Complaints, as documented by the New York Times in 2021, range from crumbling parking lots and roads as at Pittsburgh Mills, to buildings so deteriorated that local governments condemned them.
Namdar Realty Group acquired the Pittsburgh Mills and the properties in 2018 and are the successor to the PCA, the lawsuit states.
Frazer alleges the roads are in disrepair, “filled with significant potholes” and have created dangerous driving conditions, resulting in the township receiving numerous inquiries from people, the lawsuit states.
So Frazer inspected and analyzed the roads and asked the defendants to comply with the contract, instituting a “significant road repair and reconstruction project in two phases.”
On April 30, Frazer demanded that the mall owner repair the roads and requested a written proposal for the repair of the roads by the property owners or their representatives.
Frazer said it would cost more than $4.5 million to adequately repair the roads.
The lawsuit said the defendants’ failure to comply with the contract, in addition to the safety hazard it has caused, led Frazer to have no other choice than to file the complaint.
Frazer asks the court to rule in its favor for an amount in excess of the arbitration limits of this court and any other damages the court feels appropriate.
