HAZELWOOD 鈥 Ice Zone, the indoor rink at the defunct 最新杏吧原创 Outlet Mall where the 最新杏吧原创 Blues used to practice, is suing the city of Hazelwood, alleging that the municipality is engaging in a 鈥渞eallocation scheme鈥 to have Ice Zone pay a bigger share of the millions of dollars of debt owed to the mall鈥檚 taxing district.
Ice Zone Partners, which operates the 1,200-seat indoor arena, alleges that Hazelwood is 鈥渁ggressively moving鈥 to buy the defunct 最新杏吧原创 Outlet Mall and surrounding property in order to shirk its responsibility of paying back $37 million in bonds. The bonds were issued in the early 2000s by a special taxing district established for the mall.
The city, according to the suit, also has commissioned a study to determine whether an industrial park would repay the debt faster instead of a plan to turn the mall into a $54 million youth sports facility, which has been in the works for years.
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Hazelwood City Manager Matthew Zimmerman said the city couldn鈥檛 comment on pending litigation.
In the lawsuit, filed last week, Ice Zone alleges that mall owner 最新杏吧原创 Retail Outlet LLC improperly conveyed the property to the city, which then appointed a receiver. The suit alleges that the receiver was only appointed to advance the industrial park plan and is biased against other private property owners.
Ice Zone alleges that by acquiring as much of the mall property as it can, the city of Hazelwood is forcing private property owners like Ice Zone to pay more taxes and therefore a bigger share of the district鈥檚 debt. Property owned by the city is exempt from taxes.
Ice Zone, which has owned its Hazelwood property since 2016, pays a little more than $100,000 a year through its assessment, roughly 40% of its operating expenses. A higher assessment would make it 鈥渇inancially infeasible鈥 for Ice Zone to continue to operate, according to the suit.
鈥淚 think it鈥檚 outrageous that some investors in a development project do what they鈥檙e supposed to do, and the taxing district changes the rules of the game,鈥 said SmithAmundsen attorney Brad Goss, who represents Ice Zone.
Philanthropist Dan Buck and his Big Sports Properties firm came forward with a plan to turn the mall into a $54 million youth sports facility called POWERPlex. The development has received public support 鈥 the Convention and Visitors Commission, city of Hazelwood and Missouri Development Finance Board have all kicked in funding. Big Sports Properties has offered to buy the mall.
Ice Zone, in the lawsuit, alleges that the city and taxing district have yet to approve the sale and instead has commissioned a study to determine whether an industrial park would be more profitable.
鈥淭he business group behind (POWERPlex) has made an offer to purchase the properties owned by the (district) which would revitalize the area within its borders, satisfy a substantial portion of the outstanding debt, and allow the businesses to continue their operation without the threat of crushing assessment,鈥 according to the suit.
Buck told the Post-Dispatch that he was 鈥渁 little surprised鈥 by the city鈥檚 decision to study an industrial park. He said his offer to buy the mall is still pending and that he hopes to hear back this month.
鈥淚 think they want to make an educated decision,鈥 Buck said. 鈥淥bviously you can鈥檛 move forward until the (district鈥檚) debt is settled. I鈥檓 very confident a settlement will be reached.鈥
Some $37 million in bonds were supposed to be paid back with sales taxes generated by the mall, originally known as 最新杏吧原创 Mills. With the mall all but closed, the district has had to rely on property assessments to generate funds 鈥 which are still not enough to make debt payments.
The 1.2-million-square-foot outlet mall opened in 2003 off Highway 370, just north of Interstate 270. It cost an estimated $250 million to build, and promised 200 tenants, including a movie theater, a sporting goods store and high-end shops such as Saks Fifth Avenue.
The mall began struggling by 2016 as foot traffic declined and stores shuttered.
Editor's note: An earlier version of this story incorrectly suggested the 最新杏吧原创 Blues still practice at Ice Zone.