Dublin Core
Title
Box 1, Folder 20, Document 25
Text Item Type Metadata
Text
CITY OF ATLANTA
DEPARTMENT OF LAW
1114 WILLIAM- OLIVER BUILDING
Atlanta, Georgia 30303
ROGERT S. WIGGINS
September 1, 1964 MARTIN MCFARLAND
‘ EDWIN L, STERNE
HENRY L. BOWDEN ff RALPH C. JENKINS
CITY ATTORNEY JOHN E. DOUGHERTY
FERRIN Y. MATHEWS
LEWIS R. SLATON CHARLES M. LOKEY
* ASSISTANT CITY ATTORNEY
*
ASSOCIATE CITY ATTORNEYS
T. R. REID
ROBERT A, HARRIS
CLAIMS ATTORNEYS
Mr. Jack C. Delius
General Manager of Parks
City Hall
Atlanta, Georgia 30303
Dear Jack:
In Re: Health Center and Recreation Building
at Delmar Lane and Brownlee Road, S. W.
This letter is in response to your phone call and letter
of August 13, 1964, concerning the above.
As I understand the situation, under the "Plan of Im-
provement" in 1952 the City of Atlanta assumed operation of the
Recreation Building and the County continued managing the Health
Center, all at the same location.
Around the year 1949, according to the County, the en-
tire parcel of land was dedicated for public health purposes un-
til 1969, in order to qualify for State and Federal funds. You
outlined that the County desires to expand the Health Center,
which would involve rededication for 20 years,
It is my opinion that when the “Plan of Improvement'
took effect in 1952 that the City of Atlanta acquired fee simple
' title to the property used by the Recreation Building subject to
any incumberances existing upon said property at the said time,
It is my further opinion that the County does not have
the legal right or authority to rededicate the recreation property
for an additional 20 years inasmuch as any interest the County
Mr. Jack C, Delius
Page #2
7
had in said property was extinguished by the Legislature under
the "Plan of Improvement ,"
It is my further opinion that the City of Atlanta would
not have the authority to dedicate park property for a period
of 20 years for public health purposes.
I trust that you will find the foregoing satisfactory,
Yours very truly,
Ferrin Y. Mathews
Associate City Attorney
FYM/1j1
DEPARTMENT OF LAW
1114 WILLIAM- OLIVER BUILDING
Atlanta, Georgia 30303
ROGERT S. WIGGINS
September 1, 1964 MARTIN MCFARLAND
‘ EDWIN L, STERNE
HENRY L. BOWDEN ff RALPH C. JENKINS
CITY ATTORNEY JOHN E. DOUGHERTY
FERRIN Y. MATHEWS
LEWIS R. SLATON CHARLES M. LOKEY
* ASSISTANT CITY ATTORNEY
*
ASSOCIATE CITY ATTORNEYS
T. R. REID
ROBERT A, HARRIS
CLAIMS ATTORNEYS
Mr. Jack C. Delius
General Manager of Parks
City Hall
Atlanta, Georgia 30303
Dear Jack:
In Re: Health Center and Recreation Building
at Delmar Lane and Brownlee Road, S. W.
This letter is in response to your phone call and letter
of August 13, 1964, concerning the above.
As I understand the situation, under the "Plan of Im-
provement" in 1952 the City of Atlanta assumed operation of the
Recreation Building and the County continued managing the Health
Center, all at the same location.
Around the year 1949, according to the County, the en-
tire parcel of land was dedicated for public health purposes un-
til 1969, in order to qualify for State and Federal funds. You
outlined that the County desires to expand the Health Center,
which would involve rededication for 20 years,
It is my opinion that when the “Plan of Improvement'
took effect in 1952 that the City of Atlanta acquired fee simple
' title to the property used by the Recreation Building subject to
any incumberances existing upon said property at the said time,
It is my further opinion that the County does not have
the legal right or authority to rededicate the recreation property
for an additional 20 years inasmuch as any interest the County
Mr. Jack C, Delius
Page #2
7
had in said property was extinguished by the Legislature under
the "Plan of Improvement ,"
It is my further opinion that the City of Atlanta would
not have the authority to dedicate park property for a period
of 20 years for public health purposes.
I trust that you will find the foregoing satisfactory,
Yours very truly,
Ferrin Y. Mathews
Associate City Attorney
FYM/1j1
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