Wednesday, July 11, 2007


Jul. 11, 2007 (McClatchy-Tribune Regional News delivered by Newstex) --
PALM BEACH The leader of the Palm Beach Theater Guild, a group fighting to preserve the 1957 Royal Poinciana Playhouse, said it will ask owner Sidney Spiegel to lease the building now that a judge ruled it must remain an arts venue and cannot be demolished.

On Tuesday, Palm Beach County Circuit Court Judge David Crow ended a long-running dispute between Spiegel, the Town of Palm Beach and the Theater Guild over the validity of a 1979 agreement requiring the property to remain an arts venue.

Spiegel said the theater, which went dark in May 2004, is no longer profitable and he wanted to tear it down to build a luxury hotel. He argued the agreement was no longer valid because numerous zoning changes made over the years that allowed further development of the property canceled the early agreement.Crow disagreed.

'From 1984, [Spiegel] executed approximately 17 amendments to the Agreement and on each occasion reaffirmed that all remaining terms and conditions of the 1979 Agreement shall remain in full force and effect,' Crow wrote in his decision. 'At no time until August 2001, did Mr. Spiegel ever advise the Town or suggest that the 1979 Agreement was ineffective or had been voided by 'further development possibilities.''

'We are disappointed with the ruling,' said Spiegel's attorney Linda Conahan, of Gunster Yoakley & Stewart in Fort Lauderdale. 'I do not know what Mr. Spiegel will do at this time.'

Palm Beach officials applauded the verdict.

'This was a well-written, well-reasoned decision that was fully supported by the testimony and the facts presented before the court,' Town of Palm Beach Attorney John Randolph said. 'The theater must be used as a performing arts venue -- that judgment is binding.'

Since 2005, the Palm Beach Theater Guild, a nonprofit community group, has opposed Spiegel's plan and fought to save the theater, built by prolific Palm Beach architect John Volk. The guild wants to run the theater, offer a subscription series, and allow community performing arts organizations to hold events there. It was also a party in the lawsuit.

'This is a slam dunk. We get to keep the theater,' said Patrick Flynn, president of the Theater Guild. Flynn said the group will begin a capital campaign to raise money to lease the theater building.

In its heyday, the Royal Poinciana Playhouse hosted grand Broadway productions and major ballet works. Such actors as Bob Cummings, Christopher Plummer, Dame Judith Anderson and dancer Margaret Fontaine performed there. The theater's most recent engagements included Ballet Florida and the Toyota Broadway Series in 2004.

In his decision, Crow said he was sympathetic to Spiegel's position that the Playhouse is not economically viable, but said a remedy should be found with the Town Council, not the courts.

Palm Beach Council President Richard Kleid said the council will go over the court decision and consider how to proceed.

Ivette M. Yee can be reached at  imyee@Sun-Sentinel.com or 561-243-6538.

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