Buildings
Museum of Tolerance Dispute Returns
to High Court
(archrecord.construction.com - 10/10/2006)
By Esther
Hecht
A dispute over the construction of the
$200 million Museum of Tolerance in downtown Jerusalem, designed
by Frank Gehry, FAIA, returned to Israels High Court
of Justice last Tuesday. The court originally heard the case
in February, but mediation proceedings thereafter failed to
bring about a resolution.
The court had received two petitions
from different Muslim groups to permanently halt construction
at the building site, because human remains in Muslim graves
were disturbed. The area was originally part of a large Muslim
cemetery called Maaman Illah (divine security),
but only a small part of the cemetery next to the museum location
is still visible.
According to tradition, the cemetery
dates to the seventh century, and friends of the Prophet Mohammed
are buried there. It is less than a quarter-mile from Jerusalems
walled Old City and less than a mile from Al-Aqsa Mosque,
the third holiest site in Islam.
At the original hearing in February,
the court noted that it was urgent that the dispute be resolved,
and issued a temporary injunction against work on the museum.
Durgham Saif, a lawyer representing families whose relatives
are buried at the site, said they would not allow the graves
to be moved. The Los Angelesbased Simon Wiesenthal Center,
which is backing the museum, did not agree to build elsewhere.
At this most recent hearing, Saif says
the museum's backers were given 21 days to propose an architectural
solution that will not damage the cemetery. After 60 days,
if both sides have not reached a compromise independently,
the court will rule on whether or not work may proceed. Meanwhile,
the injunction remains in place.
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