Pro Monumento wins the "Monument" case

January 20, 2011 6:15 AM

Court: Further investigation into the possibilities for restoring the Cinelandia building

Fundashon Pro Monumento gained ground yesterday in a case against government regarding the old movie art deco theatre “Cinelandia”.

The Court ordered the government to rule again, within four months, on the objections of the CMOG Trading Company (of Fernando da Costa Gomez) against classifying the building as a protected monument. Taken into account when deciding on the time frame was that the decision requires expert examinations to be carried out, and that at this time all concerned parties must be given the opportunity to air their views.

Judge De Haan is of the opinion that the ProMo Foundation was not heard by the government concerning the notice of objection by the trading company that owns Cinelandia, the former cinema in Pietermaai West on the Hendrikplein. By not hearing ProMo the government has acted contrary to the general duty of care.

It has also become apparent that the government had insufficient knowledge of the relevant facts and the interests that needed to be considered. On the one hand it concerned the dilapidated state of the Cinelandia building and the safety aspects in question, on the other hand the architectural, historic, and structural values and the fact that Cinelandia, since the demolition of the West-End in Otrobanda – is the only remaining Art Deco style building in the town centre.

In weighing up the interests by the government, the Cinelandia Investigation Report , by the trading company, was the deciding factor; it states that restoration is not technically viable and that the dilapidated state of the building poses a danger to citizens and tourists. ProMo however referred to the report by Docomomo Curaçao, which concludes that the front façade can be restored, at a cost of 450,000 guilders. As the findings now contain contradictions the court is of the opinion that the government should have carried out further investigations as to the technical possibilities to restore the historic part of the building, also considering the fact that the government agency DROV has contradicted the report by the trading company. On this point the court also concluded that the government acted contrary to its general duty of care and that in this case it had violated the justification principle.

Fundashon Pro Monumento was represented in these proceedings by Laura Fresco of VanEps Kunneman VanDoorne next to Dorien Knegt.

12 january 2011