Box 1, Folder 22, Document 27

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Box 1, Folder 22, Document 27

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CITY OF ATLANTA



CITY HALL ATLANTA, GA. 30303
Tel. 522-4463 Area Code 404

IVAN ALLEN, JR., MAYOR

R. EARL LANDERS, Administrative Assistant

: MRS, ANN M, MOSES, Executi t
June 27 , 19 69 DAN E. SWEAT, JR., Director ota ieihaaii Liaison
MEMORANDUM
TO: Johnny Robinson
FROM: George J. Berry
SUBJECT: City-owned lot at Richardson and Conley Streets.

At your request, I reviewed our situation on this piece of property
with the following findings:

l. In 1944, Mayor Hartsfield granted an elderly lady permission
to use this lot. The city had owned it for a very long time.
In the late 1800's the lot had been used as a dump for "night
soil.'' The lady had continued to use the property and had
some sort of church constructed on it which the City Housing
Code Division has recently required her to demolish.
Consequently, she does not now occupy the property. This
lady now feels that she has a legal right to the property,
however, because she has had effective possession for this
length of time.

2. In 1967 the City Parks Department was investigating all
city-owned property to determine their feasibility for use
as playlots. When Jack Delius was investigating this property
the elderly lady (known locally as "the witch doctor") placed
a "hex'' on him for proposing to use her property.

3. Because of its possible use by the Parks Department, the
Law Department initiated an action to determine the validity
of the city's title. Associate City Attorney, Ralph Jenkins,
represented the city and while he was unable to remove the
hex from Mr. Delius, did succeed in winning the case and
clearing the city's title to the lot,
June 27, 1969

Memo to Johnny Robinson
Page Two

4,

Pete Williams of the Land Department says that the boundaries
of the lot need to be surveyed. He feels that an adjoining build-
ing is encroaching on the property.

Because of the time factor, the Parks Department arranged for
another playlot in the vicinity with which they are satisfied.
Mr. Delius advised me that they now have no plans to use this
lot.

Mr. Jenkins advised me by telephone that if the city is serious
in wanting to assert its title to this property, it is important
that this property be put to some definite use or it be declared
surplus and sold. I did not inquire into his legal reasons for
this position, but he felt that the failure of the city to act would
strengthen the claimant's case and could possibly result in
overturning the court's decision, A third alternative, therefore,
would be to abandon the property to the claimant.

Very truly yours,

George J, Berry

GJB:p

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  1. http://allenarchive.iac.gatech.edu/originals/ahc_CAR_015_001_022_027.pdf

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