ΟΜΟΓΕΝΕΙΑ St. Nicholas Church and the Greek Orthodox Archdiocese of America
| St. Nicholas Church and the Greek Orthodox Archdiocese of America |
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| 08.12.10 | |||||
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St. Nicholas Church and the Greek Orthodox Archdiocese of America have served notice on the Port Authority of New York and New Jersey (PA), the Lower Manhattan Development Corporation, the Empire State Development Corporation and associated individuals of their intention to sue the agencies over their actions that have prevented the church, which was destroyed at Ground Zero on 9/11, from being rebuilt. Under New York State law, a 60-day notice is required before certain claims can be filed against the PA. Verified Notice of Claim was served yesterday on behalf of St. Nicholas and the Archdiocese by its legal counsel, Simpson Thacher & Bartlett, LLP. The legal papers state, “This claim arises out of the arrogance, bad faith, and fraudulent conduct of the Port Authority in preventing Saint Nicholas from re-building its church at Ground Zero after it was crushed by a falling tower in the attack on the World Trade Center on September 11, 2001.” It goes on to state that in March 2009, the PA “summarily disavowed a long-standing agreement” to rebuild the church at 130 Liberty Street.
Saint Nicholas was the only house of worship destroyed on 9/11.
“Contrary to its posture of working cooperatively with the Church, the Port Authority without permission, notice or any legal justification whatsoever has sent its bulldozers onto both the land owned by the Church at its original site at 155 Cedar Street and the land promised to the Church in the agreement with the Agencies at 130 Liberty Street, and conducted extensive excavation that has rendered both sites unbuildable by the Church. In defending its unlawful actions to the media and public, the Port
Authority has also made defamatory statements about the Church,” the Notice states.
The legal papers further state that the Church “will seek an order declaring that a binding preliminary agreement exists between the Church and the Port Authority (and Agencies) for the exchange of St. Nicholas’s property rights at 155 Cedar Street for property rights at 130 Liberty Street and assistance with costs in an amount not less than $20 million.”
The Notice also accuses the PA of engaging “in a bad faith media campaign to defame the Church.” It states that the Church will seek restitution “in the amount the Port Authority has been unjustly enriched by its use and enjoyment of 155 Cedar Street and 130 Liberty Street, and damages based on the costs and expenses incurred in reliance on the Port Authority’s promises that Saint Nicholas would be rebuilt at 130 Liberty Street.”
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