Cinelandia protected historic building

October 30, 2009 6:21 AM

Cinelandia will continue to be listed as a protected historic building for the time being. Yesterday, the Court granted a petition (for a provisional decision) to this effect at the request of the foundation for historic buildings “Fundashon Pro Monumento” (ProMo).

ProMo initiated “LAR”-proceedings (State Ordinance Administrative Law) early this month in reaction to the fact that the Executive Council reversed and revoked its earlier decision from 2008 to designate the well-known historic building in Pietermaai West as a protected historic building, after the “Handelsmaatschappij C.M.O.G.” (Trading Company C.M.O.G.) of the owner of the building, Fernando da Costa Gomez, objected against the 2008 designation. Based on the State Ordinance for Monuments and Historic Buildings Curaçao (Mvc), historic buildings can be designated to be protected by the Executive Council, whether or not upon request. In the case of Cinelandia this designation already took place in 1997 -after the Trading Company C.M.O.G. had become the owner of Cinelandia in 1992-, against which designation the Trading Company C.M.O.G. filed an appeal. Since the appeal was not decided on within six months, the designation was (automatically) annulled. ProMo fears the demolition of Cinelandia, which has special architectural value because of the Art Deco architecture, rare in Curaçao. According to the Mvc, a protected historic building cannot be demolished without a permit. If there is no question of a protected historic building, the Island Development Plan (EOP) provides the framework within which an application for a demolition permit has to be reviewed, but the EOP lacks a statutory disclosure requirement. “The risk that a demolition permit is granted and the demolition activities are commenced before other relevant parties than the licensee have knowledge hereof is consequently not imaginary,” is the opinion of judge Boerlage, who balances the interests.

No acute risk

With regard to the Trading Company, the Court establishes that no evidence has been produced of concrete construction plans that are thwarted by the designation of Cinelandia as a protected historic building. The interest of the defendant – the Executive Council, while the trading company participates in the proceedings as “interested third party” – is found mainly in the risks to citizens and tourists on account of the structural condition Cinelandia is in.

But nothing shows an acute risk. Consequently, the Court considers it feasible that measures restricting the risk can be taken, such as “installing a net”. The designation of June 2008 as a listed building will remain in force until the Court decides on the notice of appeal.

(Source: National Newspaper Antilliaans Dagblad)

28 October 2009

Fundashon Pro Monumento was represented in these proceedings by Dorien Knegt of VanEps Kunneman VanDoorne. The Government and N.V. Handelmaatschappij C.M.O.G. were represented by mrs. E.R.A. Morillo en L. Virginia (HBN Law).