Trinity Church was built in in 1876. It is a functioning church, a national historic landmark, and one of the architect's greatest works. Negligent excavation for the construction of the Hancock tower undermined the foundation of the church. The church moved and settled in the direction of the construction. The walls of the church cracked, weakening the building. Repair requires taking the church apart and rebuilding it. Trinity Church asks for $4 million, which is the cost of repair. With the damage, the building is no less useful as a church, and it has no decrease in its useful life expectancy, and there is no determinable market value.

Question Presented:

(a) What was the harm that Trinity Church suffered?

(b) Make the strongest argument you can, based on your answer to (a) that an award of $4 million is justified. Be sure to consider The Helen B. Moran and Barge Betty,

(c) What are the weakest aspects of that argument?