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Court Decision Clears Construction for Downtown Art Museum

“Neither the city nor Brooks owns this property.”

Construction on the new Memphis Brooks Museum of Art Downtown can continue “full steam ahead” after a court ruling Friday. 

Shelby County Chancellor Melanie Taylor Jefferson denied a request from Friends of Our Riverfront (FOR) to stop the build. The group has long contended that land at the top of the bluff, where the new museum is being built, is public.

“Neither the city nor Brooks owns this property,” the group has said. “Memphians have an easement to use the property as a public promenade and the city is the trustee. This means that the city can use this land only for the specific purpose of a riverfront greenway.” 

With this, the group sued the city and the Brooks in September to halt construction. The court ordered the group to post a bond of $1 million to offset damages to the project should it be temporarily halted. FOR urged the court to waive the bond. The Brooks and city officials asked the bond to be set at $5 million. 

The group never posted the bond. So, the judge dismissed its request to stop construction. 

“This victory paves the way for us to bring Memphis one of the greatest cultural institutions in the country,” Brooks Chief development Officer Melissa Whitby said in an email to museum members. “This achievement would not have been possible without the unwavering support of our community, patrons, and partners. We are deeply grateful for your trust and commitment throughout this journey.”

Credit: Memphis Art Museum

FOR made no immediate public comment on the decision. In a Facebook post Thursday, the group said, “hard to believe a huge Soviet-style building that blocks the riverfront is actually good for anybody, Brooks included.”

The group has long fought projects along the bluff. It wants to conserve the riverfront from Big River Crossing to the Wolf River Greenway “as green space for public enjoyment, preserving its historic, natural, and authentic character.” 

Credit: Friends for Our Riverfront

The Brooks broke ground last year on the new museum at the corner of Front and Union, the site of the former Memphis Fire Services Division headquarters. The museum will have a new name, the Memphis Art Museum, and is slated to open next year. 

In her email, Whitby said the facility is expected to attract 150,000 new visitors to Memphis, generate about $100 million in economic impact, and “provide transformative experiences to more than 30,000 school-age children annually.”

“For years, our goal has been to establish for the people of Memphis one of the greatest cultural institutions in the country,” said Carl Person, chair of the museum board. “Today, thanks to the unwavering dedication of many, many supporters, we are closer than ever to making that dream a reality. This portion of our riverfront will soon be home not only to a world-class art museum, but acres of new, open, art-filled,  and accessible public space for everyone to enjoy.”