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Title
Box 8, Folder 17, Document 7
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City OF ATLANTA
DEPARTMENT OF LAW.
2614 FIRST NATIONAL BANK BUILDING
ATLANTA, GEORGIA 30303
November 17, 1969
Mr.. Jack C. Delius
General Manager
Department of Parks and wee ee
City Hall Annex
te te
Atlanta, Georgia
Mr. Collier 3. Gladin, Hatentess
Department of Planning
city Hall
Atlanta, Georgia
Mr. Johony C. Johnson,
Model Cities Program
673 Capitel Av
Atlanta, Geor
\ Re: Pittman Park
*~
fhe writer, after conferring with Mesers. James 8. Pilcher and
Horace T. Ward, has come to the conclusion that the use to which
property in Pittman Park is now being put is a superior governments1
land use and, therefore, cannot be the subject of eminent donain
by & railroad, even though that railroad ia authorized tu exercise
that power of eminent domain.
Gentlemen:
Also, I have cose to the conclusion that the land which the Southern
Raliway Company wants was acquired in such a manner that any did-
continuation of its use aa parks property would not create a reverter
EXHIBIT NO. 4
Mr. Jack C. Delius,
Mr. Collier §. Gladin, and
Mr. Johnny C,. Johnson
Page 2
November 17, 1969
to the granters of the property.
Therefore, I am of the tentative opinion that should the City
o£ Atlanta wish to dispose of the property in question, it may
do ge, provided that the charter and related ordinances of the
City of Atlanta are followed in this respect.
The primary purpose of this letter is to request that you three
gentlemen sit down and attempt to bring about a unified position
of the City of Atlanta with respect to this matter,
Once you have mada soma sort of a resolution, if you would kindly
apprige the writer of what that is, we shall then proceed with
your wishes. For purposes of ' legal economy’ , Measrs, Pilcher
and Ward and myself feel that we would better serve a unified
position rather than each of us going off on a separate course
at the behest of several clients,
With my kindest regards to you all, I am,
Very truly yours ,
Jt. ) é Ly
Thomas F. Choyce
TPC:c¢
DEPARTMENT OF LAW.
2614 FIRST NATIONAL BANK BUILDING
ATLANTA, GEORGIA 30303
November 17, 1969
Mr.. Jack C. Delius
General Manager
Department of Parks and wee ee
City Hall Annex
te te
Atlanta, Georgia
Mr. Collier 3. Gladin, Hatentess
Department of Planning
city Hall
Atlanta, Georgia
Mr. Johony C. Johnson,
Model Cities Program
673 Capitel Av
Atlanta, Geor
\ Re: Pittman Park
*~
fhe writer, after conferring with Mesers. James 8. Pilcher and
Horace T. Ward, has come to the conclusion that the use to which
property in Pittman Park is now being put is a superior governments1
land use and, therefore, cannot be the subject of eminent donain
by & railroad, even though that railroad ia authorized tu exercise
that power of eminent domain.
Gentlemen:
Also, I have cose to the conclusion that the land which the Southern
Raliway Company wants was acquired in such a manner that any did-
continuation of its use aa parks property would not create a reverter
EXHIBIT NO. 4
Mr. Jack C. Delius,
Mr. Collier §. Gladin, and
Mr. Johnny C,. Johnson
Page 2
November 17, 1969
to the granters of the property.
Therefore, I am of the tentative opinion that should the City
o£ Atlanta wish to dispose of the property in question, it may
do ge, provided that the charter and related ordinances of the
City of Atlanta are followed in this respect.
The primary purpose of this letter is to request that you three
gentlemen sit down and attempt to bring about a unified position
of the City of Atlanta with respect to this matter,
Once you have mada soma sort of a resolution, if you would kindly
apprige the writer of what that is, we shall then proceed with
your wishes. For purposes of ' legal economy’ , Measrs, Pilcher
and Ward and myself feel that we would better serve a unified
position rather than each of us going off on a separate course
at the behest of several clients,
With my kindest regards to you all, I am,
Very truly yours ,
Jt. ) é Ly
Thomas F. Choyce
TPC:c¢
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