The redevelopment of Concord’s long closed Steeplegate Mall remains stalled, tied up in a series of legal disputes and lease conflicts that have kept demolition equipment idle and construction plans in limbo.

According to The Union Leader, the current goal is to transform the 30-acre mall property into massive mixed use development. It will feature hundreds of apartments, new retail options, and updated infrastructure. These plans have been in the works since Onyx Partners, a Massachusetts-based developer, purchased the site in 2023. The vision includes the demolition of most of the mall, leaving only a few anchor tenants in place, and replacing the structure with three four and five story apartment buildings with underground parking, commercial space, and potential new businesses like Costco or Whole Foods.

However, more than a year after the project was introduced, no redevelopment has taken place. Much of the delay can be traced to the property’s complex legal and logistical landscape.

JCPenney Lawsuit Brings Construction to a Halt

According to The Concord Monitor, the most recent and pressing legal challenge stems from a lawsuit filed by JCPenney, one of the original anchor tenants of the mall and the only major retailer still operating on the site.

In the complaint, filed in 2024, Penney Property Sub Holdings alleges that the planned redevelopment violates the terms of its lease, which has been in effect since 1989 and extends through 2030. The company argues that the demolition of the surrounding mall and construction of residential buildings would interfere with its business operations and violate lease protections related to use, maintenance, and safety.

JCPenney is one of the last remaining stores open at the Steeplegate Mall. Photo from July, 2024.

JCPenney also cited concerns over noise, accessibility, and customer experience, claiming that the redevelopment would jeopardize its ability to function as a retail business. In response, the court issued a temporary restraining order, pausing all work on the site while the legal proceedings continue.

However, in a court filing dated April 7, 2025, both parties indicated they were “close to coming to a resolution” and hoped to settle “without further court involvement,” though no official agreement has been made public.

If the dispute is resolved, JCPenney is expected to remain on the property as a standalone building, separate from the new construction.

A History of Legal Disputes

This is not the first time legal issues have slowed progress at Steeplegate. According to The Union Leader and The Concord Monitor, in 2024 a separate lawsuit was filed by the owners of the TD Bank property located at the corner of the mall’s property. The dispute involved an existing condominium agreement between the bank, the mall, and the neighboring Applebee’s restaurant, which gave the bank a say in significant development changes.

That lawsuit argued the city improperly approved Onyx’s redevelopment plans without adequately considering the rights of the condo property owners. The case was ultimately settled in December 2024 when Onyx agreed to purchase the half-acre parcel at 277 Sheep Davis Road for $2.5 million—more than twice the parcel’s assessed value.

While that settlement removed one roadblock, it did not clear the way for demolition, which still hinges on the outcome of the JCPenney suit.

Ongoing Issues With Trespassing and Safety

Beyond the courtroom, the abandoned mall became a magnet for trespassers, according to WMUR. particularly self described “urban explorers” who enter vacant properties to film or photograph decaying spaces. The Steeplegate Mall, now largely empty since the interior was closed in 2022, became a trending location on social media.

At one point, an inside view of the mall could be seen from a now closed and blocked entrance through JCPenney. Photo from July, 2024.

While some trespassers were simply curious, others caused property damage, leading to charges of criminal mischief, vandalism, and trespassing. Police have reported an uptick in incidents and arrests in 2024. In response, Onyx Partners installed perimeter fencing to discourage unauthorized entry.

“It might, in your eyes, be abandoned, but somebody still owns it,” Thomas said. “You don’t have a right to it, so stay off the property and stay out of it.”

Police warn that individuals caught inside the mall could face serious charges, including misdemeanors or felonies, depending on the nature of the offense.

What’s Next for Steeplegate?

The redevelopment of Steeplegate Mall was intended to breathe new life into a high-visibility site that had seen a steady decline over the past decade. The mall opened in 1990 and originally housed national anchors like Sears, Sage-Allen, Steinbach, and later Bon-Ton. All these retailers have since closed or gone bankrupt.

Only a few active tenants remain today. These include JCPenney, Altitude Trampoline Park, and The Zoo Health Club. Each business has exterior entrances that do not require access to the interior of the mall.

Onyx Partners has maintained that the redevelopment is necessary for public safety and economic growth, citing ongoing vandalism, security concerns, and a lack of viability for traditional indoor malls.

But until remaining legal issues are resolved and construction is allowed to move forward, the site will remain in a state of uncertainty. A prominent property sitting unused, fenced off, and stuck between its retail past and an unfinished future.