Heritage Park Mall owner files challenges

By Jeff Harrison
Midwest City Beacon

The owner of the Heritage Park Mall is again pushing back against Midwest City’s efforts to acquire the blighted property through eminent domain.

Ahmad Bahreini and ABAB Inc. recently challenged the urban renewal process and the most recent appraisal of the mall.

The city, acting through the Midwest City Urban Renewal Authority, has been trying to acquire the blighted property using eminent domain.

A court-appointed panel appraised the property at $7 million. The price is more than twice the price that Bahreini paid for the property, and more than $1 million more than the city offered last year. The Urban Renewal Authority agreed to proceed with the acquisition.

The city put $9,248,155 into an escrow account. That included $6,710,000 for the purchase, $200,000 to cover moving expenses and commissioners’ fees of $12,000. The money was funded through the Midwest City Hospital Authority.

After the money was transferred, Bahreini had 30 days to challenge that the city did not follow the urban renewal process and 60 days to challenge the amount set by the commissioners.

Bahreini filed an objection to the condemnation proceeding and a motion to dismiss on May 8, and an objection to the commissioners’ report on May 23.

In the first petition, Bahreini argues that Midwest City Urban Renewal Authority has abused its power and restricted trade without due process. He says the building does not have structural damage and should not have been deemed blighted.

Bahreini argues that condemnation mirrors tactics used by the City of Midwest City vs. House of Realty, Inc. where officials attempted to strip value from a property by undervaluing structures to facilitate land transfers to preferred private developers.

He also claims that the city has violated antitrust laws by denying his most recent efforts to redevelop the property. In July, the city council denied a request to rezone the mall to allow for senior housing and a vertical aquaponic farm.

In the second petition, Bahreini objects to the commissioners’ report because that award is “inadequate and does not constitute just compensation.”

The valuation fails to account for internal inspection of the structures, the property’s unique features, and the city’s actions over the past decade have derided the value of the property and inhibited his use and development of the property, Bahreini argues.

Bahreini nor any of his agents were present for the inspection. The commissioners postponed the first scheduled inspection due to an emergency medical procedure by Bahreini. The commissioners rescheduled the inspection and Bahreini again asked that it be postponed due to an emergency medical procedure. A district court judge denied the request.

Don Maisch, city attorney, said they’re aware of Bahreini’s recent challenges but have not filed responses.

Bahreini bought the Montgomery Wards building in 2004 and the majority of the mall in 2011. He bought the property for $3.48 million. He also owns the former Whataburger.

LifeChurch owns the former Dillards building on the west end of the shopping center. Midwest City purchased the Sears building in 2019.