DES MOINES, Iowa — A New York-based artist is suing the Des Moines Art Center, saying they violated a contract from 1994 to maintain her art installation instead of demolishing it.
Mary Miss, the artist behind the Greenwood Pond: Double Site art installation that was put in in 1996, is accusing the center of breaching contract, as Des Moines city officials said they planned to demolish the piece as early as next week. The Art Center believes there are structural issues that warrant the removal of the piece.
A 1994 agreement provided by The Cultural Landscape Foundation (TCLF) states that the Des Moines Art Center "shall reasonably assure that the Project is properly maintained and protected, taking into account any instructions provided by the Arist, and shall reasonably protect and maintain the Project against the ravages of time, vandalism and the elements."
Art Center Director Kelly Baum told The Associated Press the repair work would be too expensive.
"The best course of action, therefore, is to deinstall Greenwood Pond before even more of it falls into disrepair, endangering the safety of visitors to a popular public park that is frequented by children, adults and pets and that is in close proximity to a school, a public swimming pool, and a major bike trailhead," the Art Center said in a letter to Miss.
The lawsuit, filed in federal court, asks for a temporary restraining order to prevent the demolition plans and for damages "in an amount to be proven for Defendant's repudiation and breach of the contract."
An attorney for Miss told Local 5 a court hearing has been scheduled for Monday on the motion for a temporary restraining order.