“Justice once again gives reason to the city of Nice against those who want to do everything to prevent me from creating this urban forest in the city center”, writes Christian Estrosi on his Twitter account. The mayor of Nice welcomes the decision of the court of Marseilles which has just dismissed Martine Bayard, the daughter of the architect Yves Bayard, at the origin of the National Theater of Nice (TNN), of her claims for damages for “infringement of his moral rights and infringement of the work”.
The demolition of this building, necessary to extend the Paillon promenade, has been the subject of numerous appeals since the deliberation in the municipal council in December 2021, in particular by several elected opposition representatives from Find Nice but also elected environmentalists. The latter had proposed alternatives to avoid the destruction of the TNN which the Marseilles court deemed not to meet “the objectives sought by the city’s urban transformation project”.
According to justice, this project is therefore “proportionate with regard to the moral rights of the architect and does not result from an abuse of the right of the owner or from faulty behavior”. She also sentenced Martine Bayard to pay 3,000 euros to the municipality under article 700 of the code of civil procedure.