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Aberdeen Mall Owner Rubloff Flouts Landscaping Rule

Speaking growing things, the Rubloff Development Group isn't growing enough green things in Aberdeen, specifically around its Lakewood Mall. For two years, the Rockford, Illinois company has been jerking the City of Aberdeen around by not complying with the city's landscape ordinance. Construction projects of greater value than $50K or adding 500 square feet of commercial space are supposed to include trees or shurbs or other landscaping. But Rubloff has stiffed the city on two previous mall projects, the Anytime Fitness and AT&T stores. Aberdeen's leaders are now playing hardball with a building permit to remodel Maurice's:

Maurice's and Rubloff Development Group, the owner of the mall, were sent letters June 1 rejecting Maurice's building permit application because the necessary number of trees and shrubs have not been planted in the mall's parking lot, said Adam Altman, city attorney [Jeff Natalie-Lees, "Remodel Plans on Hold Until Landscaping Ordinance Is Met," Aberdeen American News, 2012.06.21].

This landscaping ordinance isn't arbitrary regulation; grass and green things are good for businesses and the city:

There are multiple reasons why Aberdeen has a landscape ordinance, said Aaron Kiesz, city forester.

"Trees and shrubs beautify the lots, provide shade to reduce heat island effects and reduce rain runoff," he said. "We are trying to break up large expanses of hard surfaces — asphalt, concrete or gravel" [Natalie-Lees, 2012].

The ordinance is also far from oppressive:

The ordinance requires one tree and two shrubs to be planted for every 2,500 square feet of hard surface.

All new construction projects must meet the ordinance. Properties not in compliance must allocate 10 percent of any new building project cost to landscaping, Kiesz said.

In the case of the mall, islands for the trees and shrubs would need to be built in the parking lot. The island would need a curb or paver stone to act as a wheel-stop, he said.

"Every other business in town — like Kessler's and Ken's — has complied with the ordinance," Kiesz said. "The mall is the only one that has flat-out said no" [Natalie-Lees, 2012].

Following rules and adding a little practical aesthetic value to the Aberdeen mall shouldn't be this much of a challenge. Rubloff Development Group has over $70 million in annual revenue, but various legal actions may be drying up their tree-and-shrub budget. They faced a lawsuit last year for a shady golf course sale in Illinois. Just last week, a Rubloff subsidiary received a foreclosure lawsuit on an ill-maintained Kentucky mall whose death Rubloff has been overseeing since 1997. That lawsuit says Rubloff is $15.1 million behind on payments.