Areas of Village Square Mall Deemed Unsafe; Mall Businesses Though Remain Open

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Published on July 1 2019 4:09 pm
Last Updated on July 1 2019 10:33 pm
Written by Greg Sapp

A temporary restraining order has been granted, limiting access to portions of Village Square Mall. The stores operating in the mall, though, are still open for business.

An emergency order of injunctive relief was sought by City Attorney Tracy Willenborg due to concerns about the former J.C. Penney area and the former Rural King area.

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City Building Official Michelle Wilkins and Assistant Fire Chief Matt Kulesza, in his role as Fire Inspector, testified at a hearing Monday due to structural concerns in those areas. 

The order also prohibits travel on the roadway along the south side of the mall building. Kulesza said bricks have fallen off the top parapet wall of the south side of the building. He said the bricks, so far, have fallen onto the mall roof, but said there's no guarantee they won't fall onto the roadway and any persons or vehicles traveling there. The roadway will remain closed until the problem is corrected.

In granting the request for the temporary restraining order, the Court found "a dangerous and unsafe condition with an immediate threat to public health" exists.

The order also prohibits access to the former J.C. Penney space and the former Rural King space. Only City or mall officials are being allowed access to those areas.

Kulesza said there are materials in the former Rural King space being used by the private owner of the space to make repairs. He said those materials need to be taken out of the space and relocated for the time being. The City is assisting in finding another space for those materials.

While those portions of the complex are involved in the action by the City, the remainder of the Mall is still open and operating. No stores currently open and operating in the Mall are involved in the action, and the former Jubilee Foods space on the north end of the Mall building is also not involved in the action.

A hearing on a preliminary injunction sought by the City in the matter has been scheduled for 1pm on July 22.