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Tampa man sues over Berlin Wall display
By Times Staff Writer
Published February 27, 2008
It's one of the most notable symbols of hope from the 20th century. The fall of the Berlin Wall meant an end to the Cold War and peace for thousands of Germans too long divided.
Peace is the message the Outdoor Arts Foundation hoped to convey with a permanent installment of a piece of the wall at the St. Petersburg Clay Co. But recently, the story behind the exhibit has been anything but.
A Tampa man is suing the foundation, saying his daughter never had his permission to sell his pieces of wall. Warren McFadden said he bought the pieces from a friend in bankruptcy more than 20 years ago, according to the suit filed with the Pinellas-Pasco 6th Judicial Circuit Court this month.
The foundation rejects McFadden's claims and considers the issue a family matter. "My client acted in good faith," said foundation attorney Bruno DeZayas.
The lawsuit didn't affect the foundation's planned construction Tuesday of the 10-foot-tall and 8-inch-wide Berlin Wall display at the clay company, which is now open for public viewing.
The foundation acquired the private collection of Berlin Wall sections from Elizabeth Glass in June 2007. Glass, McFadden's daughter, had until now remained anonymous.
In all, the foundation bought about 350 full-sized sections and 89 fragmented painted pieces for an undisclosed sum. Three of the pieces are going up at the St. Petersburg Clay Co. The other sections will go on display throughout the United States.
To the best of their knowledge, the exhibit represents the first pieces from the East German side of the Berlin Wall to be permanently exhibited in the United States, said Jay Goulde, founder and director of the Safety Harbor-based Outdoor Arts Foundation.
McFadden said he didn't know the wall pieces were going on display until he saw a news report. In it, his daughter is quoted as saying she inherited the pieces.
"I'm not dead," said McFadden, 79. "I've never heard of anyone getting an inheritance until someone dies."
McFadden's daughter could not be reached, but the arts foundation's lawyer said McFadden's daughter had the legal right to sell the pieces. She received a general power of attorney to care for her father's affairs in February 2005, he said.
St. Petersburg Clay Co.
420 22nd St. S, St. Petersburg, (727) 896-2529.
[Last modified February 27, 2008, 00:37:44]
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by Patricia
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02/29/08 05:40 PM
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Can the one who has power of attorney sell a parent's property without their knowledge, take money from the checking account and spend it on themselves? What about the other siblings' part of the inheritance? Please inform your readers on the laws?
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by jan
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02/27/08 06:04 PM
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He oughta be glad to share it with the city. What was he going to do with it, keep it in storage? Sounds like his daughter made a profit for him. If he wanted to continue to be in control of his own affairs, he shouldn't have let her do all the work.
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