T-R PHOTOS BY LANA BRADSTREAM — Unlike the majority of the Marshalltown Mall parking lot, the one in front of Hobby Lobby has had the pot holes filled. The owner of the mall, Marshalltown Development Group, has not maintained the parking lot or paid the electricity bill of the facility. Due to the unpaid electricity, the owner has been charged with various city code violations. A hearing on the matter will be held on Tuesday in the Marshall County Courthouse.

Even though a sale of the Marshalltown Mall to Reserve Development of Texas is pending, the legal matter of city code violations is not over for the current owner.

Attorney Jeff Hazen, representing current mall owner Marshalltown Development Group, requested the matter be brought before the court again. A non-jury trial was scheduled for Dec. 9, but due to a family emergency for Hazen, it was continued. He submitted a request for a continuation to either Monday, Tuesday or Wednesday. Magistrate Merril Swartz approved the request and set the hearing for Tuesday at 1:30 p.m.

The court developments are the result of an October appellate hearing during which Judge Paul Crawford set aside a previous July ruling which found the mall owner guilty of code violations. The judge ordered a new trial in magistrate court. Crawford wrote Hazen did request a continuation due to illness, but the request was denied which was “unreasonable and a clear abuse of discretion.”

During the July code violations trial, which lacked the presence of both Hazen and the Marshalltown Development Group, the owner was found to be in violation of:

• Equipment not being maintained to ensure safety of occupants;

• Non-compliance with orders and notices;

• Fire protection and life safety systems required by city code or the International Building Code were not installed, repaired, operated, tested and maintained;

• Fire detection, alarm and extinguishing systems were not maintained in an operative condition at all times;

• All areas of a building containing water-filled piping which does not have other means of freeze protection were not maintained at a minimum temperature of 40 degrees F;

• The means of egress serving a room or space was not illuminated during times the room or space was occupied;

• In the event of power supply failure, in buildings that require two or more exits or access to exits, an emergency electrical system did not automatically illuminate interior exit access stairways and ramps, exit passageways, vestibules and areas used for exit and exterior landings for exit doorways leading directly to the exit discharge.

The violations stem from Marshalltown Development Group, a holding company of the New York-based Kohan Retail Investment Group owned by Mike Kohan, not paying the electric bill for the mall. In November 2023, electricity was shut off in the main areas, such as the hallways, the bathrooms and the parking lot.

The electric bill still has not been paid, and numerous tenants without external entrances have relocated, including Black Iron Barbell, Remix Dance Academy and Oliver Beene.

Businesses with external entrances, such as Hobby Lobby, Shoe Sensation, Planet Fitness, Mama DiGrado’s and Fridley Plaza 9 Theatre, were able to stay in the mall.

Officials of Reserve Development, the potential mall buyers, were in Marshalltown toward the end of 2024 to tour the property and inquire about possible incentives, such as tax rebates, that the city could provide.

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Contact Lana Bradstream

at 641-753-6611 ext. 210 or

lbradstream@timesrepublican.com.