Settlement clears way for demolition of Mary Miss Des Moines art installation

DES MOINES, Iowa (CN) — New York City artist Mary Miss and the Des Moines Art Center announced a settlementof Miss’ lawsuit Tuesday that will result in demolition of the outdoor art installation created on the edge of a lagoon nearly 30 years ago. Miss will be paid $900,000 in exchange for dropping her claims against the art center.

Thus ends the suit Miss filed in federal court this past April aimed at preserving the installation — “Greenwood Pond: Double Site” — which the art center proposed removing due to its deteriorated and unsafe condition. Tuesday’s settlement will allow the art center to proceed with removal of the installation.

Miss claimed in her suit that the art center’s planned removal of the installation would violate a contract between her and the art center. U.S. District Judge Stephen Locher, a Joe Biden appointee, issued a preliminary injunction in May that halted the demolition plans, and the parties have sought to work out a settlement prior to trial that had been scheduled for later this year.

Miss said in a statement issued Tuesday that her suit raised awareness of the need to preserve public art. “The support of the citizens of Des Moines has been one of the most important aspects of this past year,” Miss said. “I was made aware of decades of experiences at ‘Double Site’ that were truly moving.”

The Des Moines Art Center issued a brief statement Tuesday acknowledging the settlement, which it said will “allow the Des Moines Art Center to proceed with previously stated plans to remove the artwork in its entirety.”

“Greenwood Pond: Double Site” was constructed in 1996 on the edge of a city park pond behind the Des Moines Art Center. The installation includes wooden and concrete walkways that take visitors around the edge of the pond, a pavilion, and a trough that allows visitors to descend to an eye-level view of the water.

Iowa’s harsh climate has taken its toll on the project, however, and parts of the site have been closed for months due to risk to the public. A contractor estimated it would cost more than $2.6 million to restore the work, leading to the art center to conclude that total removal would be the best, though regrettable, option.

News of the planned removal the installation stirred a hornet’s nest in Des Moines and its arts community and nationally.

After the Cultural Landscape Foundation, a Washington, D.C.-based education and advocacy nonprofit, published an article on the planned removal, it received letters from more than 50 people, including artists, architects and educators, in support of preserving the installation. The foundation led a campaign to preserve the Des Moines installation. Miss was represented by the Des Moines law firm of Wandro, Kanne & Lalor.

Along with the settlement announced Tuesday, the foundation announced the creation of the Public Art Advocacy Fund to provide a national platform for threatened and at-risk works. Miss is making the inaugural donation to the fund, the foundation said.

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