Journal Reporter

The J.C. Penney corporation may pursue legal action in its attempts to stop an off-track betting parlor from coming to Golf Mill Shopping Center.

J.C. Penney has asserted that the terms of its lease were violated when mall owners Milwaukee Golf Development Co. opened the door for an off-track betting parlor to move into the neighboring store that once housed Circuit City. Penney's identifies itself as a "family department store" and has indicated that having an OTB parlor next door does not align with that image.

Connie Rios Tankersley, senior counsel for the J.C. Penney Corporation's legal department, stated in a Sept. 27 letter to Milwaukee Development Co. and Niles Village Hall that the corporation "is prepared to take whatever action it deems necessary ... including without limitation a restraining order and other injunctive relief" if the OTB parlor is allowed to move into Golf Mill.

The letter was faxed to village hall a few hours before the village board voted 4-3 to approve the OTB parlor during. Attorney Joseph Annunzio said that village officials received the letter before the meeting, but that the public hearing period had taken place during the plan commission/zoning board of appeals meeting earlier in the month.

Tim Lyons, spokesperson for J.C. Penney, indicated Monday that the corporation has not backed down from its position and may still consider legal action as described in the letter.

"I think the meaning is pretty clear that we would consider any action necessary," he said. "But at this point, I don't believe that there has been any additional official action taken" since the letter was sent. He described is as an ongoing matter.