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IN MUSEUM FIGHT, ARMENIAN-AMERICAN GROUP REFUSES TO LEAVE DISPUTED SITE
The BLT: Blog of Legal Times
http://legaltimes.typepad.com/blt/2011/06/in-museum-dispute-armenian-group-refuses-to-leave-disputed-building.html
June 7 2011
A longstanding dispute between an Armenian-American group and one of
its former donors over the creation of an Armenian Genocide Museum
and Memorial in downtown Washington has taken yet another turn.
The Armenian Assembly of America was supposed to turn over a cluster
of buildings in downtown Washington on May 23 to the donor who had
originally bought them for the museum, but a new filing indicates
the group has refused to leave one of the sites.
The Assembly has been battling with Minnesota-based philanthropist
Gerard Cafesjian over five properties Cafesjian purchased nearly a
decade ago to be used for the museum. The two sides had a falling
out over plans, however, and Cafesjian triggered a clause in their
agreement that he believed allowed him to take back all of the
buildings.
U.S. District Court Judge Colleen Kollar-Kotelly sided with Cafesjian,
and had ordered the Assembly to give back the buildings by May 23.
Cafesjian's attorney, Jones Day partner John Williams, said the keys
were turned over at the time, but a new motion filed yesterday shows
the Assembly is refusing to leave one of the buildings.
According to Cafesjian's motion to enforce (PDF) the judgment filed
yesterday, the Assembly is claiming that it has a right to stay in
one of the buildings until its lease ends in 2015.
The problem, according to Cafesjian, is that the Assembly's lease is
with the nonprofit that was created to oversee the museum; Cafesjian
had given the buildings to the museum nonprofit - also called the
Armenian Genocide Museum and Memorial (AGM&M) - which in turn had
leased space to the Assembly.
Both the Assembly and AGM&M are parties in the litigation, so Cafesjian
is arguing that the judge's order to turn over the buildings negates
whatever lease the Assembly and the nonprofit had signed.
"I you don't own [a property] into perpetuity, you can't rent it into
perpetuity. If you don't have the right to continue to own it after
a certain date, which they didn't, they can't rent it," Williams said.
The Assembly's attorney, Eric Abraham of Hill Wallack in Princeton,
N.J., could not immediately be reached for comment. The Assembly
had also previously filed notice on May 25 that it is appealing
Kollar-Kotelly's ruling.
Posted by Zoe Tillman on June 07, 2011 at 01:30 PM in Current Affairs,
D.C. Courts and Government, Points of View
The BLT: Blog of Legal Times
http://legaltimes.typepad.com/blt/2011/06/in-museum-dispute-armenian-group-refuses-to-leave-disputed-building.html
June 7 2011
A longstanding dispute between an Armenian-American group and one of
its former donors over the creation of an Armenian Genocide Museum
and Memorial in downtown Washington has taken yet another turn.
The Armenian Assembly of America was supposed to turn over a cluster
of buildings in downtown Washington on May 23 to the donor who had
originally bought them for the museum, but a new filing indicates
the group has refused to leave one of the sites.
The Assembly has been battling with Minnesota-based philanthropist
Gerard Cafesjian over five properties Cafesjian purchased nearly a
decade ago to be used for the museum. The two sides had a falling
out over plans, however, and Cafesjian triggered a clause in their
agreement that he believed allowed him to take back all of the
buildings.
U.S. District Court Judge Colleen Kollar-Kotelly sided with Cafesjian,
and had ordered the Assembly to give back the buildings by May 23.
Cafesjian's attorney, Jones Day partner John Williams, said the keys
were turned over at the time, but a new motion filed yesterday shows
the Assembly is refusing to leave one of the buildings.
According to Cafesjian's motion to enforce (PDF) the judgment filed
yesterday, the Assembly is claiming that it has a right to stay in
one of the buildings until its lease ends in 2015.
The problem, according to Cafesjian, is that the Assembly's lease is
with the nonprofit that was created to oversee the museum; Cafesjian
had given the buildings to the museum nonprofit - also called the
Armenian Genocide Museum and Memorial (AGM&M) - which in turn had
leased space to the Assembly.
Both the Assembly and AGM&M are parties in the litigation, so Cafesjian
is arguing that the judge's order to turn over the buildings negates
whatever lease the Assembly and the nonprofit had signed.
"I you don't own [a property] into perpetuity, you can't rent it into
perpetuity. If you don't have the right to continue to own it after
a certain date, which they didn't, they can't rent it," Williams said.
The Assembly's attorney, Eric Abraham of Hill Wallack in Princeton,
N.J., could not immediately be reached for comment. The Assembly
had also previously filed notice on May 25 that it is appealing
Kollar-Kotelly's ruling.
Posted by Zoe Tillman on June 07, 2011 at 01:30 PM in Current Affairs,
D.C. Courts and Government, Points of View