Martine Bayard, the daughter of the architect of the TNN who died in 2008, was also ordered to pay 3,000 euros to the city.
Le Figaro Nice
While the mayor of Nice, Christian Estrosi, confirmed this Thursday on the air of France Bleu Azur that the National Theater of Nice would be demolished in a month, the Marseilles court dismissed the same day the daughter of the architect of the theater of her claims for damages. The latter invoked “the violation of his moral rights” as beneficiary of the artist, by destruction of his work.
By this decision, justice gives reason to the municipality to carry out the deconstruction of theater as part of its project to extend the Promenade du Paillon. And the court recalls that “the city of Nice is faced with climate change and the need to adapt by developing public spaces“. In this context, “it must be considered that the project to green the city of Nice responds to a legitimate reason and of general interest.“Justice thus considers that “the decision to proceed with the demolition of the theater responds to a legitimate reason of general interest, proportionate with regard to the moral rights of the architect and does not result from an abuse of the right of the owner or from faulty behavior.»
Christian Estrosi immediately welcomed this decision: “Justice once again proves the city of Nice right in the face of those who want to do everything to prevent us from creating this urban forest in the city center.” Martine Bayard, the daughter of the architect who died in 2008, was also ordered to pay 3,000 euros to the municipality. “It would be unfair to leave the city of Nice responsible for the irrecoverable costs that the defense of its interests has made necessary. Mrs. Bayard will therefore be ordered to pay him the sum of 3,000 euros“, specified the judicial court of Marseille in its decision.
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