Mall owner challenges zoning denial
The former Heritage Park Mall in Midwest City. Photo by Jeff Harrison
By Jeff Harrison
Midwest City Beacon
Owners of the former Heritage Park Mall and the City of Midwest City could be headed back to court.
The property owners are challenging a decision by the Midwest City City Council to deny a zoning request that would allow the building to be redeveloped into mixed use development with multi-family housing, an aquaponics farm, biomass facility, solar energy farm and commercial space.
Ahmad Baherini, owner of the Heritage Park Mall, requested that the mall property be rezoned as a planned unit development or PUD.
The city council unanimously rejected the zoning request during a July 23 meeting. The council raised concerns about lack of detail about layout for the property and financing for the project as well as health and safety concerns. They voiced their frustration about the owner’s lack of progress in redeveloping the property over the past decade.
Bahreini, along with ABAB, Inc. and Shakiba Nasser, filed a challenge in Oklahoma County District Court on Aug. 29.
The petition asks Midwest City to accept the proposed Heritage Park Mall Planned Unit Development.
According to state law, a lawsuit challenging a decision or ruling of a municipal government must be filed in district court within 30 business days.
The property owners called the city’s decision “arbitrary, capricious and unreasonable.” They argue it goes against the city’s comprehensive plan, which encourages a mixed land design concept for obsolete retail sites such as the Heritage
Park Mall, while also conforming with the urban renewal plan for the site.
The petition says that the city council based its decision on past grievances between the city and Bahreini. They argue that the restrictions amount to taking the property without compensation, depriving the owners of their fifth and 14th Amendment rights under the U.S Constitution.
The property owners also requested “appropriate damages, remedies and relief.” Attorney Kelly Work, who represents the mall owners, would not elaborate on the type of damages they are seeking.
City Attorney Don Maisch said the city is aware of the lawsuit, but it has not been formally served.
Midwest City is in the process of acquiring the mall through its Urban Renewal Authority. The Authority recently submitted an offer of nearly $6 million to purchase the mall.
The city has set a deadline of Sept. 30 for the property owner to respond. If the city does not receive a response or if the city is not able to negotiate the sale by the deadline, Maisch said they will begin steps to attempt to take the property through eminent domain.
Bahreini bought the Montgomery Wards building in 2004 and most of the mall in 2011. He bought the property for $3.48 million.
LifeChurch owns the former Dillards building on the west end of the shopping center. Midwest City purchased the Sears building in 2019.
Bahreini has received numerous citations for building and fire code violations from Midwest City. He challenged the citations in district court and filed a civil suit alleging that the city and city employees violated his constitutional rights.
Vertical aquaponic farming consists of both aquaculture (raising of fish) and hydroponics (growing plants in water) in a somewhat closed loop. The fish water provides fertilizer for the plants, while the plants help to filter and purify the water for fish.
The proposed farm would also have its own micro biomass manufacturing facility that will handle composting of the waste from the aquaponics. The main purposes of the aquaponic farm are to provide therapy, education and production. Residents would be able to work at the aquaponic farm, according to the proposal.
Bahreini asked the city to redistrict the mall property from a community commercial district (C-3) to a planned unit development with C-3 as the base zoning district. The request comes as the city is trying to acquire the property through its Urban Renewal Authority.
