Court clears way for Midwest City to acquire Heritage Park Mall

By Jeff Harrison
Midwest City Beacon

An Oklahoma County judge has ruled in favor of Midwest City in its effort to acquire the former Heritage Park Mall through eminent domain, clearing a major legal hurdle in the city’s long-planned effort to clean up the blighted property.

District Judge Amy Palumbo has directed the city’s attorney to finalize a written order reflecting her decision. Once the order is signed and filed in Oklahoma County District Court, ownership of the property will transfer to the Midwest City Urban Renewal Authority, according to city officials.

“This order is what triggers everything,” said Don Maisch, city attorney for Midwest City. “Once it is filed and file-stamped, that date starts the clock.”

Under state law, property owner Ahmad Bahreini will have 30 days from the filing date to appeal the ruling. The filing also begins required timelines, including a 90-day notice period for tenants or owners to remove personal property from the buildings.

The judge was asked to determine whether the city complied with Oklahoma law governing condemnation and urban renewal, a process that allows government entities to take private property with just compensation.

Maisch said he was pleased with the pace of the court’s decision.

“We’re very pleased and impressed with how quickly the court addressed the matter,” he said.

Last month, a federal judge dismissed a separate lawsuit filed by Bahreini in which he argued Midwest City was unlawfully preventing him from working on and maintaining the mall property.

Cost and compensation

The ruling does not resolve the final compensation amount for the property, which will remain in escrow pending any additional proceedings.

The City of Midwest City, acting through the Urban Renewal Authority, will need to pay nearly $7 million to acquire the former shopping center, according to city officials.

A court-appointed appraisal valued the former shopping center and Thunder Burger building at $6,715,000. The city must also pay $200,000 for moving and related expenses and $12,000 for the appraisal, bringing the total to $6,927,000.

“That money is still in escrow with the court,” Maisch said. “The property owner could still ask for a jury trial to seek more money. This ruling doesn’t affect that.”

The total cost is nearly $1 million higher than the city’s “good faith offer” of $5,957,000 made in June 2024.

Property details and plans

The property, located near East Reno Avenue and Air Depot Boulevard, includes the former main portion of Heritage Park Mall, Montgomery Ward, and the Thunder Burger building. Midwest City already owns the former Sears building, while Life.Church owns and operates on the west side of the former mall structure.

City officials have said the buildings will be demolished as part of a broader plan to redevelop and revitalize the site. The city has pursued acquisition of the property under Oklahoma’s Urban Renewal laws, citing long-term vacancy and redevelopment goals for the area.

Bahreini has strongly opposed the city’s efforts. In a letter dated Sept. 30, he rejected the city’s offer and condemnation attempts, stating that any attempted sale or transfer of the property without his consent is “unauthorized, illegal and void.”

Owner opposition

In the same letter, Bahreini warned the city that “continued efforts will result in legal action to protect ABAB Inc.’s rights and interests.”

Despite the ruling, Bahreini retains the right to appeal Judge Palumbo’s decision within 30 days of the final order being filed.

Eminent domain allows governments to take private property for public use, provided the owner receives just compensation. In this case, the court determined Midwest City met the statutory requirements to condemn the Heritage Park Mall property and transfer it to the Urban Renewal Authority for redevelopment purposes.