Should Taubman be worried about its challenge of Broadway Plaza and Walnut Creek over Neiman Marcus?

UPDATE: Or rather, should Broadway Plaza owner Macerich and the City of Walnut Creek take action against Taubman Centers Inc. for its anti-Neiman Marcus efforts, in the same way that a rival mall developer and a city in Connecticut did? Of course, some would say, that Macerich and Walnut Creek brought some or all of this on themselves....What do you think?

It looks like Taubman Centers Inc. will be paying out $34 million for delaying for a year a rival developer's effort to build a shopping mall in West Hartford, Connecticut.

The Hartford Courant says that Michigan-based Taubman agreed to pay all these millions to settle a lawsuit filed after it organized and bankrolled citizen legal challenges to the construction of a new mall in West Hartford's downtown, a few miles from one of its own malls.

Sound familiar? 

Taubman, which owns Sunvalley shopping mall in Concord, organized and bankrolled citizen legal challenges and a political campaign aimed to stop retail rival Macerich, which owns Broadway Plaza, from bringing a new Neiman Marcus to downtown Walnut Creek. Taubman also hoped to bring a Neiman Marcus to San Ramon's long-planned city center. Neiman Marcus had shown interest in San Ramon, but, in the end, chose Walnut Creek instead.

In the West Hartford case, the Hartford Courant says that Taubman, "the parent company of Westfarms mall paid $34 million to the developers of Blue Back Square [in downtown West Hartford], compensation for a protracted legal battle that delayed the opening of the retail-residential complex by a year."

The story goes on to say:

The payment ... ends a lawsuit filed in 2007 by developers of the Blue Back retail-residential complex. The suit sought damages for, among other things, lost revenue, higher financing costs and increased construction expenses.


The lawsuit claimed that Taubman organized and bankrolled citizen legal challenges to Blue Back in hopes of preventing the retail rival from being built a few miles from Westfarms.


Blue Back opened in the fall of 2007, a year later than first scheduled. The opening coincided with the onset of a severe economic recession.

And another potential worry for Taubman?

A similar lawsuit filed against Taubman by the town is pending. Town officials allege that the delay resulting from Taubman-financed opposition added to the town's portion of the cost of Blue Back and resulted in lost tax revenue. The town is seeking $4.5 million in damages.

Walnut Creek voters in November overwhelmingly approved Measure I, an initiative which will allow Broadway Plaza to build a new 92,000-square-foot department store at the corner of South Main Street and Mt. Diablo Boulevard. Neiman Marcus said it intends to occupy that spot.

It was a costly battle for Macerich and Taubman--and the City of Walnut Creek. Macerich spent around $1.3 million on the Yes on I campaign, while Taubman Centers spent $700,000. The city had to fork out money for the special election, plus the staff costs and time associated with addressing the legal challenges.

Walnut Creek voters say "yes" to Neiman Marcus

Well, officially, Walnut Creek voters said "yes" to a new 92,000-square-foot department store in Broadway Plaza at the corner of South Main Street and Mt. Diablo Boulevard. Luxury retailer Neiman Marcus has said it fully intends to occupy that spot.

With all precincts reporting, 71 percent of the 21,398 Walnut Creek voters casting ballots, said "yes" to Measure I--the Broadway extension measure. Nearly 29 percent said "no."

It's been a costly battle for the two developers on either side of Measure I--to the tune of around $2 million combined. Broadway Mall owner Macerich spent around $1.3 million on the Yes on I campaign, while Taubman Centers, which owns Concord's Sunvalley Mall and had hoped to develop a Neiman Marcus in San Ramon, spent $700,000.

So, it looks like Neiman Marcus will be coming to town.

Really? Truly? Could this whole brouhaha finally be over? Will slow-growth advocates who opposed the new Broadway Plaza department store, as well as Taubman, challenge the results of the election in court? One city official I talked to wondered if the election would truly settle this battle, especially if the No on I side loses. Taubman has been known, in other communities, to dig in for a long time and spend lots of money to assert its will.

Well, one No on I leader seemed resigned to accept the results of Tuesday's election. Selma King told the Contra Costa Times that she was ready for election day and for the campaign to be over. "I have lost more elections then I have won," King said. "I am able to say that we did the best we could."

Nearly $2 million spent on Measure I

Who's spending what on Measure I?

This is initiative that allows Walnut Creek voters to decide Tuesday on whether they want, effectively, a new 92,000-square-foot Neiman Marcus in downtown Walnut Creek. Here's what the Contra Costa Times is reporting today, after checking out the latest campaign finance documents filed by both sides on the issue.

$1.4 million--What Broadway Plaza owner Macerich Co. has contributed so far to the "Yes on I" campaign, spending $1 million so far.

$700,000--What Taubman Centers, the owner of Sunvalley Mall, has contributed to defeat Measure I, spending nearly all of it.

Plus: Yes for Walnut Creek, a group of residents and business leaders who support Measure I, have contributed $50,000.

UPDATE: (Above) The view from Sign Hill. Isn't that what you call it? At Ygnacio Valley and Homestead. As you may have noticed, Measure I opponents have not spent much money on campaign signs to post around downtown, unlike the Yes on I side. But one Taubman certainly hasn't expended much money on campaign signs to post around town, but one dedicated opponent of Measure I decided to get the message across the homemade, old-fashioned way with cardboard and magic markers.

Are Walnut Creek's Neiman Marcus foes like Wile E. Coyote?

Contra Costa Times' Tom Barnidge makes an amusing, but probably accurate, comparison in his column today between the “irrespressible” Wile E. Coyote of Road Runner cartoon fame to those Walnut Creek residents who, with the help of a deep-pockets developer, are trying to derail the proposed Neiman Marcus in Broadway Plaza.

Those Walnut Creek residents would be a group with the Acme Corp.-esque title, RAMPART (Residents and Advocates for More Parking and Reduced Traffic). RAMPART’s leaders are Selma King and Ann Hinshaw, but they are receiving financial backing from Taubman Company, the owner of Sunvalley Mall and a developer involved in San Ramon’s effort to build its long-awaited city center.

This is what Barnidge says about Mr. Coyote--and about the RAMPART folks:

When a missile launcher failed to propel him to his target, he hopped onto a rocket sled. When a stick of dynamite couldn't stop his prey, he reached for a hand grenade. When the boulder he dropped didn't flatten the bird, he tried again with an anvil.

Sure, he was a failure, but you need to look past that. He was a study in relentless tenacity.

The only force we've ever seen rival his gritted-teeth perseverance is the group trying to derail the Neiman Marcus project, even as the Walnut Creek City Council beep-beeps its way toward welcoming a new store to Broadway Plaza.

Check out the rest of Barnidge's column here.