City manager says mediator needed to resolve disputes with Mall Merchants
A mediator could help resolve the long-simmering dispute between the City of Batavia and the Mall Merchant's Association, City Manager Jason Molino said this morning during an on-air interview on WBTA's Main and Center.
The bickering and lawsuits and counter-lawsuits are leading nowhere, Molino suggested. They won't lead to a resolution that satisfies all parties. A mediator would have a better chance and an equitable solution.
“When litigation is filed, it is on a narrow scope of issues and if it ever goes to trial and has a determination, the determination is going to be on that narrow scope of issues, and generally, on anything, there is more to it than just those narrow scope of issues and in this case, there is a lot more to it," Molino said.
The city and the Mall Merchants Association have been locked in a dispute for several years over who is responsible for the maintenance of the roof over the mall concourse.
The merchants claim the city owns the concourse and should repair or replace the roof.
The city maintains the merchants failed to properly maintain the roof.
Molino said he would like to see the case go to a mediator.
“Can there be a mediator? Yes, absolutely," Molino said. "Is that something we’re looking to do? Yes, it is.”
So far, no mediator has been appointed.
The city owns the Mall Concourse. The stores and offices in the mall are individually owned.