Box 8, Folder 17, Document 14

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Box 8, Folder 17, Document 14

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C'TY OF ATLANTA

DEPAKTMENT OF LAW.
2614 FIRST NATIONAL BANK BUILDING
ATLANTA, GEORG!" 32303

November 17, 1969

Mr.. Jack C. Delius __|

General Manager
Department of Parks and Recreation _~
City Hall Amex 4
Atlanta, Georgia

of if
Mr. Collier B. Gladin, Director \

Department of Planning
City Hail
Atlante, Georgia

Mr. Johnny C. Johnson, aererter
Model Cities Program

673 Capitol Av
Atlanta, Geor





(Re: Pittman Park

The writer, after conferring with Messrs. James 8B. Pileher 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 governmental
land use and, therefore, cannot be the subject of eminent domain

by @ railroad, avan though that railroad is authorized te exercise
that power of eminent domain.

Also, I have case to the conclusion that the land which the Southern

Railway Company wants was acquired in such a manner that any did-
continuation of ite use az parka property would not create a reverter

EXHIBIT NO. 4
Mr. Jack C. Delius,

Mr. Collier B, Gladin, and
Mr. Johnny C. Johnson —
Page 2
November 17, 1969 | |

to the grantors of the property.

Therefore, I am of the tentative opinion that should the City
of Atlanta wish to dispose of the property in question, it may |
do so, provided that the charter and related ordinances of the
City of Atlanta are-follewed in this respect.

Tha primary purpose of thia ietter is to request that you three
gentlesen sit down and attempt to bring about a unified position
of the City of Atlanta with respect to this matter,

Cace you have mada soma sort of a resolution, if you would kindly
apprise the writer of what that is, we shall then proceed with
your wishes. Por purposes of ' legal economy’, Messrs, Pilcher
and Ward and myself feal 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,
ety Very truly yours,
Thomas F. Choyce
TFC;cc

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