Suit could alter plan for theater
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By TREVOR MAXWELL, Staff Writer
Wednesday, April 4, 2007
Joseph Soley, a well-known Portland landlord and real estate developer, has filed a lawsuit that could disrupt plans for a new theater complex and restaurants at the Maine Mall.
In the lawsuit filed in Cumberland County Superior Court, Soley claims the South Portland Board of Appeals did not follow its own rules in a decision made Feb. 28. In a split vote, the board approved a plan from mall owners to reduce the number of parking spaces on the property as part of the overall theater project.
Soley wants the court to reverse the decision. The city of South Portland is the defendant, with the mall owner, General Growth Properties of Chicago, listed as an interested party.
Soley owns two plazas off Gorham Road -- the Shops at Clark's Pond and Cornerbrook -- that are adjacent to the Maine Mall property. He could not be reached for comment Tuesday.
"Operations on plaintiffs' properties could be adversely impacted due to congestion, traffic and surface water runoff if General Growth Properties is permitted to reduce the amount of parking it is otherwise required to provide," the lawsuit contends.
General Growth wants to build a 16-screen theater, roughly in the space formerly occupied by Filene's and operated by Regal Entertainment Group. General Growth also has plans for four restaurants at the site. The company formally submitted its application to the city's planning department last week, with the goal of starting demolition this summer.
Stephen Puleo, community planner for the city, said the lawsuit will not affect his review of the application, unless he hears otherwise from General Growth or the city attorney.
City attorney Mary Kahl could not be reached for comment. Gerard Jalbert, appeals board chairman, declined to comment because of the pending lawsuit.
Parking has been a sticking point in the mall redevelopment plan. Because of the new restaurants planned in the parking area, as well as additions to the existing mall footprint, the project would result in a net loss of about 200 parking spaces.
Engineers hired by General Growth prepared a study showing the remaining spaces could handle the demands of the theater and the rest of the mall.
At the Feb. 28 meeting of the appeals board, four members agreed with the study's findings, but three members had lingering concerns about parking and traffic congestion.
Like the mall owner, Soley also has business ties to Regal Entertainment, one of the world's largest theater chains.
Since the early 1990s, Regal has occupied a 28,000-square-foot building at the Shops at Clark's Pond. Soley essentially became Regal's landlord in 2004 when one of his limited liability corporations -- CPSP LLC -- bought the plaza for $20 million, according to city records.
Russ Nunley, spokesman for the Knoxville, Tenn.-based Regal, said Regal intends to close the Clark's Pond operation when the mall theater is completed, ideally in the spring of 2008. The new theater at the mall would be twice the size of the Clark's Pond theater.
Regal's lease at Clark's Pond recently expired, and the company has not reached a new agreement with its landlord, Nunley said. He said negotiations are ongoing.
"We are proposing to remain in that location, looking to go to a month-to-month lease until the new theater is ready," Nunley said. If those talks fail, Nunley said, the theater could be closed earlier than company officials had hoped.
The building leased by Regal is advertised as immediately available for lease through the CB Richard Ellis-The Boulos Group, according to the group's Web site. The lease offer indicates the possibility of expansion and a variety of retail or office uses.
Soley still owns multiple properties in Portland's Old Port, where he was among the first to purchase dilapidated buildings in the 1980s. Indeed, Soley has received some of the credit for the renaissance of the Old Port, but he has also taken some of the criticism for problems there.
Soley has clashed repeatedly with city officials over the years, including former Police Chief Michael Chitwood, about the condition of his properties and the behavior of tenants.
In 1999, Soley was ordered to pay $1 million to four former tenants who claimed he abused their rights. That award was upheld in 2000 by the Maine Supreme Judicial Court, and Soley reached a private settlement later that year with the women.
Staff Writer Trevor Maxwell can be contacted at 791-6451 or at:
tmaxwell@pressherald.com
Reader comments
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Maine Mall ? Carved out of a rural blueberry patch in the 60?s, it has since undergone continuous growth, with little planning for the half dozen bike paths which feed it. The corridor adjacent to the turnpike should have been left open, providing easy access from all directions.
I predict in the next 10-20 yrs, the legendary tales of gridlock from that area will have turned it into a ghost town.
W B of maine, ME
Apr 4, 2007 11:23 AM
During any time Christmas included PLENTY OF PARKING in the areas across from Macaronni Grill and the Pizza Hut Bistreo area of the Mall Parking BACK SIDE-- ALWAYS !!!!!!!!!!!! Try not just looking by Best Buy OR the FOOD COURT!!!!!!!!!!! And don't like the parking shop on line or car pool try a bus OR DON'T GO!!!!!!!!
Keith of Portland, ME
Apr 4, 2007 11:23 AM
New Federal Storm Water management requirements fairly preclude retail developments from building parking lots to accomodate Christmas crowds - for the remaining ten months of the years those lots collect contaminated stormwater which runs into streams, rivers and ponds. Future developments will seek to MINIMIZE parking spaces, forcing consumers to PLAN trips to avoid and redistribute peak traffic hours and/or consolidate trips.
Its an interesting concept, and if you don't like it you can THANK YOURSELF if you voted for George Mitchell - it was HIS IDEA.
Tim of South Portland, ME
Apr 4, 2007 11:23 AM
I've been to the mall more than I care to admit, at all times of day during all seasons of the year. And, in more than 25 years, not once have I been unable to find a parking spot. There are certainly times when it makes sense to immediately head for the "back 40" spaces and endure the EXTREME hardship of walking two or three hundred yards. But the time spent walking is less than the time it would take to negotiate the labyrinth of roadways and crazies who occupy them.
Now, as for the congestion around the mall, that's another story...
But, as a resident of South Portland, I'm happy to have the tax revenue and hope that not one more cent is spent on infrastructure than is absolutely necessary. The best news of all is that the mall's location is such that it has little impact on most of the residential areas of the city. Brilliant!
Shopping malls have replaced urban shopping districts (like the maine mall did to congress street), but at the same time, they are brining urban problems to the suburbs (parking spaces, congestion, pollution, office development, not that thats a problem really, but...you get the picture). South portland is now defined officially as an "urban center" thanks in large part to the maine mall. Urban centers do not have an abundance of parking spots, so they build garages. That's what needs to happen here. The mall should be two floors, and should have a parking garage. Both of Burlington, VT's shopping malls have parking garages, and that city is a dramatically smaller city/region, with far less of an urban flavor. South Portland should follow their lead, even though it should be the other way around. Original plans for a movie theater at the mall, which surfaced at the same time as plans for the now-completed theater in westbrook, called for a parking garage in the mall parking lot, by JC Penny. Now that is not needed because Filenes will no longer be drawing customers in to shop, but it would still be good for future growth plans.
Maine Citizen of Somewhere, ME
Apr 4, 2007 10:40 AM
?Engineers hired by General Growth prepared a study showing the remaining spaces could handle the demands of the theater and the rest of the mall.?
I would concur with Tim3; did the engineers do all their research in March or October, and forget about the Christmas season and the summer? On the other hand, maybe it?s just the distribution of where the parking spaces are. Maybe a parking garage is a way to go to gain parking spaces, and allowing more businesses into the area by building up. Though, much like xportlander, I avoid the area due to the ?insane traffic design?.
Of course, it all sounds like this is because a lease is too harsh for a corporation to want to renew their contract from a Maine company, whom practically owns half of Maine. How do you expect a Maine person to want to lease an area or building for a business if a corporation won?t? The corporation has the money to tell the company leasing the land to go pound sand.
The corporation also sounds like they want to save money and make more money, and leave us with an empty building that needs renovation, and people know it?s cheaper to build new and abandon the old building than to renovate or demolish first. Thanks a lot.
Tim Murphy of Saco, ME
Apr 4, 2007 10:40 AM
I think the engineers need to come out of the office and visit the Mall, parking is rediculous. We keep taking away parking spots and adding other stores and food venues.
It is much easier to drive to NH to shop, pleny of parking and no taxes!
What scares me is Joe Soley may have actually filed a valid law suit for once in his life
Xportlander of Scarborough, ME
Apr 4, 2007 10:21 AM
What comes around goes around......poor Joe Solely. I think there are more severe problems than parking at the Mall. The traffic design around the mall is insane. Why can'y cars access the turnpike by going straight near Sebago Brew instead of going all the way around....it makes no sense at all....it's beginning to look like Big Dig 2 out there.
Jeff of Vonore, TN
Apr 4, 2007 10:03 AM
The mall should build a parking garage on the back side of the mall near the new theater. That would allow them to replace the parking that will be lost and then some.
Soley = sore loser. Another needless lawsuit.
GD of CE, ME
Apr 4, 2007 9:57 AM
The only real question here is "did South Portland follow thier own rules" yes or no. If yes, no big deal. If no, then it is a big deal because they HAVE to follow the rules, or change them legally. That's the way we play the game children.
Betty of Freeport, ME
Apr 4, 2007 9:48 AM
I haven't read about Joe Soley suing someone in ages, that old goat will never change. One word people- Freeport. We're building plenty of parking and we've got way more charm than the mall area.
Marc of Portland, ME
Apr 4, 2007 9:44 AM
While I agree that parking spaces should not be lost in the mall parking lot and that a parking deck should be constructed along with this project, the source of this lawsuit is bogus. I have no respect for Joe Soley whatsoever. He is self-serving, self-centered, arrogant and uncaring, as most of his dealings in and around Portland have proved. This lawsuit is nothing but a childlike reaction to him losing the Regal Cinemas and the traffic it generates for his Clark's Pond strip mall.
Tim3 of Biddeford, ME
Apr 4, 2007 9:22 AM
"Engineers hired by General Growth prepared a study showing the remaining spaces could handle the demands of the theater and the rest of the mall."
Apparently, engineers will say anything you want them to say if you throw enough money at them. Maybe they were really lawyers, or maybe they ignored the period of time between Thanksgiving and Christmas, ignored the fact that the mall stores their snow in the parking lot, and/or ignored the fact that the mall is a popular destination on any rainy day in the summer.
Maine Mall: Build a parking garage! Quit spreading out, it's time to build vertically.
jules of Falmouth, ME
Apr 4, 2007 9:16 AM
I have an idea how about a parking garage???hmm what a concept and lets do a better design of the roads to free up all the congestion and lets make the mall bigger instead of having one major box store. Personally I think the mall looks like a dump and needs some renovating. I cant stand the traffic at the mall I would rather drive to Freeport or Kittery where there are better shops and less traffic.
Singer of South Portland, ME
Apr 4, 2007 9:00 AM
The Mall will eventually end up just like Portland's downtown - Not enough parking spaces!
At Christmas time, it's impossible to find one.
Marc of Portland, ME
Apr 4, 2007 9:44 AM
While I agree that parking spaces should not be lost in the mall parking lot and that a parking deck should be constructed along with this project, the source of this lawsuit is bogus. I have no respect for Joe Soley whatsoever. He is self-serving, self-centered, arrogant and uncaring, as most of his dealings in and around Portland have proved. This lawsuit is nothing but a childlike reaction to him losing the Regal Cinemas and the traffic it generates for his Clark's Pond strip mall.
Tim3 of Biddeford, ME
Apr 4, 2007 9:22 AM
"Engineers hired by General Growth prepared a study showing the remaining spaces could handle the demands of the theater and the rest of the mall."
Apparently, engineers will say anything you want them to say if you throw enough money at them. Maybe they were really lawyers, or maybe they ignored the period of time between Thanksgiving and Christmas, ignored the fact that the mall stores their snow in the parking lot, and/or ignored the fact that the mall is a popular destination on any rainy day in the summer.
Maine Mall: Build a parking garage! Quit spreading out, it's time to build vertically.
jules of Falmouth, ME
Apr 4, 2007 9:16 AM
I have an idea how about a parking garage???hmm what a concept and lets do a better design of the roads to free up all the congestion and lets make the mall bigger instead of having one major box store. Personally I think the mall looks like a dump and needs some renovating. I cant stand the traffic at the mall I would rather drive to Freeport or Kittery where there are better shops and less traffic.
Singer of South Portland, ME
Apr 4, 2007 9:00 AM
The Mall will eventually end up just like Portland's downtown - Not enough parking spaces!
At Christmas time, it's impossible to find one.
anrewportlan of portland, ME
Apr 4, 2007 8:48 AM
and sandy46,mall merchants like me have absolutley no control over mall development,,if you lose you parking spaces take it up with general growth property,,thier office hours in the maine mall are mon - friday 8-5. try carpooling
anrewportlan of portland, ME
Apr 4, 2007 8:44 AM
the mall is losing the battle to keep shoppers inside to keep spending right now,,this is forcing the ggp to not resign long term leases in the hopes of adding new and exciting stores for the teen market because they are the ones who drive that mall,,parking spaces dont matter whenyou can't drive!water runoff?thats bull!there always has been and always will be congestion in that area .
Julie of Windham, ME
Apr 4, 2007 8:36 AM
Bottom line is there is no parking at the Mall. Someone has to control what is happening there and it doesn't sound like the city of South Portland is doing it's job. All they are seeing are $$$$ from TAXES..... And how many more food places do they need out there now? They are opening and closing all the time there.....
Tee of Rockland, ME
Apr 4, 2007 8:28 AM
I have been to the mall on the busiest days of the year many times and W B is right. There are always spots. There are areas of the parking lot that are kind of dead so to speak. You never see anyone parked there. So if they can make that area of their land profitable I say go for it. City and town requirements for parking are often far overblown. I am sure the mall owners have a much more reasonable idea of how much parking they need. After all they own the place and why would they want to create a parking situation that would cause people not to want to shop there? Just doesn't make sense. It sounds like Mr. Soley is no stranger to litigation. Let them build it and let Mr. Soley find a new tenant. It isn't like there is any shortage of demand in the Mall area for new stores.
KB of Portland, ME
Apr 4, 2007 8:27 AM
"Regal's lease at Clark's Pond recently expired, and the company has not reached a new agreement with its landlord (Soley), Nunley said. He said negotiations are ongoing."
What a surprise. I feel sorry for anyone who has to "negotiate" with Joe Solely. His reputation as the worst landlord in Portland is well deserved. He uses his wealth and lawyers to beat up on anyone who disagrees with him. It's his way or the highway. Just ask the owner of a great restaurant on lower Exchange Street who had a tsunami rain down on them a couple of years ago. They were closed for months while "negotiating" with Joe Solely about repairing the damage.
jr#2 of portland, OR
Apr 4, 2007 8:20 AM
A new theater would disrupt the currency flow that the clarks pond and corner brooks area is bringing in,what he's doing is trying to stop the construction of a new theater and restaurants.
Everybody loves to go to a new Theater or a restaurant,it would definently have a big impacted on the area.
I can surly see why this guy wants to stop this.
I myself would love to see a new theater and a restaurent go up.