After a months-long mediation, the parties in Loren Naji's lawsuit over his piece of public art that once sat outside of the RTA Red Line station in Ohio City across from Intro that was mistakenly disposed of have reached an amicable agreement.
On Monday, a very apologetic joint statement from Naji, Panzica Construction Co., and Harbor Bay Real Estate Advisors offered reconciliation for Naji's missing "They Have Landed" sphere without pointing fingers.
The mysterious trashing of the 3,000-pound, 192-paneled orb last August was, the joint statement reads, "a result of a misunderstanding by Mr. Naji, Panzica, and Harbor Bay.
"Neither Mr. Naji, Panzica, nor Harbor Bay are to blame for this misunderstanding."
In February, Naji, a 58-year-old artist known for his spherical public sculptures, told Scene that his piece had been destroyed and tossed out, due to a breakdown of communication amongst Panzica laborers, Harbor Bay architects, City Hall and RTA.
Naji sued Panzica and Harbor Bay, claiming their "willful, wanton and malicious" decision to dispose of "They Have Landed" was unjust, the complaint read, primarily under federal provisions meant to protect visual artists.
The complaint alleged vandalism, property damage and breach of contract.
It seems that, in the result of the mediation, Naji might have spoken too soon of his criticism of Big Construction. Though Panzica and Harbor Bay will commit a "generous" donation to Naji, of which the sum isn't known, it appears that the artist's comments back in February were seen by attorneys as inflammatory.
"Mr. Naji regrets media reports that tarnished Panzica’s and Harbor Bay’s strong support for the arts," the statement reads, "and not recognizing Panzica’s ongoing board service with the Assembly for the Arts."
As for what Naji intends to build with developers' patronage, it's not yet clear. Naji valued "They Have Landed" at $6,000, which could possibly equal the upcoming donation.
But another time capsule? Another orb to sleep in?
Clevelanders will have wait and see.
Naji, Harbor Bay and Panzica did not respond to calls for comment.
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Loren Naji, Harbor Bay and Panzica Reach Agreement in Lawsuit Over "Destroyed" Public Art
The artist apologized for how the story was portrayed and will receive a donation for a new piece of art
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About The Author
Mark Oprea
Mark Oprea is a staff writer at Scene. For the past seven years, he's covered Cleveland as a freelance journalist, and has contributed to TIME, NPR, the Pacific Standard and the Cleveland Magazine. He's the winner of two Press Club awards.
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