BOARDMAN — Township trustees say they have had enough of Southern Park Mall ownership’s bad behavior, and they are taking action.

At Tuesday’s regular meeting, trustees announced they are collaborating with U.S. Rep. Michael Rulli, R-Salem; state Sen. Al Cutrona, R-Canfield; and state Rep. Tex Fischer, R-Boardman, to request a formal investigation from Ohio Attorney General Dave Yost’s office.

A letter dated Dec. 16, signed by Trustees Larry Moliterno, Tom Costello and Steve Yacovone; Trustee-elect Matt Gambrel; Fiscal Officer Brad Calhoun, and all three legislators, will be sent to Mahoning County Prosecutor Lynn Maro’s office for review. Pending her approval of the statements made therein, Maro will sign the letter and send it to Yost’s office.

The letter accuses mall owner Kohan Retail Investment Group of making fraudulent property tax payments in the form of multiple checks that bounced.

Officials say they believe Kohan knew the checks would not be valid.

“We understand this isn’t the best solution in the world, but this is at least something we can do to hold those responsible who continue to benefit from the township but aren’t holding up their end by paying their property taxes,” Yacovone said. “There’s a responsibility, right? They benefit from the citizens of this town and of Mahoning County, and they should be responsible and pay their taxes, and they shouldn’t be sending us checks they either know are going to bounce or are likely to bounce.”

Kohan bought the mall on Dec. 23, 2024, from Simon Property Group for $24,100,000. The Mahoning County Auditor’s website shows Kohan owes at least $937,840 for 2024.

The tax distribution shows exactly how much Kohan owes to individual local entities at the county and township levels. Of the $550,468 in local delinquent taxes, $316,574 is owed to Boardman Local School District, $118,830 to the township general fund, $13,355 to the county general fund, $28,779 to developmental disabilities, $16,159 to the Public Library of Youngstown and Mahoning County, $17,986 to Children’s Services Bureau, and several thousand more to others, including Boardman and Mill Creek Metroparks, mental health and senior citizens services.

Township Administrator Jason Loree said in September that the township has already had to account for the deficit in next year’s budget.

Yacovone said trustees were notified during a summer meeting that a payment on the taxes had been made, then soon after disappointed.

“We were very happy that that had happened, then we were alerted some time after that that check was denied…for insufficient funds. This happened a few more times after that,” he said.

According to an official at the treasurer’s office, Kohan sent a check on June 13 for first-half property taxes — which total $437,834.11 — in the amount of $505,675.49, and that check was returned. Again on June 30, Kohan sent a payment for first-half taxes, which may also have included a partial penalty payment, in the amount of $525,689.63. That check was also returned. On July 3, Kohan sent another check for $495,125.23, which again was returned.

The Auditor’s website shows Kohan also owes $500,006.56 in second-half taxes.

The letter addressed to Yost states that Great Neck, New York-based Kohan — which has a notorious nationwide reputation for failure to meet its financial obligations, honor contracts, and maintain properties — repeatedly issued bounced or dishonored checks for property taxes.

The letter states that officials believe it is more than a bookkeeping error “but rather a pattern of deceptive practices or even fraud.”

“Property tax delinquency on a major commercial real estate asset can have broader public impacts: on the township [lost tax revenue], on taxpayers, and possibly on other financial stakeholders,” it reads. “If Kohan is representing to creditors, municipalities, or investors that it is meeting its tax obligations while failing to do so, that may constitute a violation of state consumer protection laws, unfair business practices, or even criminal misconduct.”

The letter states that Boardman can provide public records from the Mahoning County Auditor and Mahoning County Treasurer’s offices showing the tax status of the mall parcel, as well as records of the dishonored checks that were sent to the Treasurer’s office.

The letter requests that Yost’s office specifically investigate whether Kohan “has engaged in fraudulent or deceptive business practices,” determine whether there is a pattern of misconduct, and “take appropriate legal action, including civil enforcement, restitution, or criminal prosecution if warranted.”

Trustees — especially Yacovone during his election campaign — noted that the township cannot force businesses to sell or force business owners to sell assets, but Moliterno said this is not the only avenue trustees will take and they continue to discuss options for holding Kohan accountable.

“It has such a wonderful history with the DeBartolo family and it really was the jewel of the area for so long,” he said. “It’s fair to say that we are all very disappointed and concerned with the direction that the new owners of the mall have taken and we continue to talk about what our rights are and what we have the ability to do as a township.”

Fischer issued his own statement about the matter on Wednesday, and pulled no punches.

“Kohan Retail Investment Group has a long track record of being poor partners with their communities, and unfortunately Boardman has become one of the most egregious examples of their failures,” he said. “I’m hopeful the Attorney General’s office can fully investigate this matter and will pursue appropriate legal action. These people have robbed our first responders and our schools of nearly $1 million. Boardman deserves better than this.”