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Title
Box 1, Folder 22, Document 32
Text Item Type Metadata
Text
: CITY OF ATLANTA
DEPARTMENT OF LAW
2614 FIRST NATIONAL BANK BUILDING
ATLANTA, GEORGIA 30303
January 27, 1969
Mz, Paul B. Ivey. =
Lend Agent
Cit cy ia a1
~ALLDESs - Georgia 30303
Dear Paul:
Re: City of Atlanta v.
Case No, B-42835,
(Parcel 3 Qazs
Senasty 25, 1969, and xh:
heard the above-styled case on
Jiacd on Jeonuary 27, 1969, o
$35,509.00 ta Mrs. Clazxi sum o£ $3,000.09 to Raymond c.
Ballard, the ty = tis Ssscoricty, making a total amount of
$33,500. 00.
We. T Tnase Ke <, testified that in his opin-
fon the marks ae was $36,809.00 and the value
of the leassh: ie total amount of $33,000.00.
The tenant, Mr. Ballard, repre
the value of the leasehold was
~~
eet
3 Ff
Mr. Clark raprasontsd Mes. Clark, and in his opinion the valw of
the land and building wes $60,000.00 net to Mrs, Clack after tha
payment of income taxes.
My. Paul B. Ivoy yok |
January 27, 1969 | es
. : |
' |
Page 2
At the hearin Se fe, Clark attempted to introduce a lease entered
into on September 18, 1968, batwaon Mrs. Clavk and Mx, Ballard
$
nes lease dj che entire building to Mr. Ballard fox a rental of
$4,600.00 a year, This loase covated the term of November 1,
' Sipie to Octabar
31, 1972. On objection, the lease was exclud
D $
Seon compidaration beaause mada after both parties lee
“the ‘condemmation But,
The amount averded by the Spacial Master to Mrs, Clark for her
ieasead fee enterest of $35,500.00 is less than the ar ppraisal of
Me, Dabney of $57,759. 00 and that of Me, Kiekland in the amount
--—-- 0£- $36,809. 00,” Accordingly, I vould not recomend’ an appeal from
tho avard to the OWRes.
2 104 abova
The andunt of $3,000,090 ava xded to tho leosse is ovez
He. Dabney's appzaisal of $1,850.00 and ie, Kirklard's anpraisal
of $1,260.00. 2 would point out thet Me. Ballard has asparently
‘undargone some type of operation, and testified that he only
34 cake xd $2,009.00 from his business last year because of the fact
that he wes in the hospital so much. In addition, he has to walk
with assistance, I feel sure that his physical condition would
inflivence a jury in the event his avard is appealed to a jury.
Considering both the leased fee and the leas:
-is, the tot21 exounts involvad, Mr. Dabney's appzra
$39,600.00 and thr, Kirkland’s appvaisal was $38,00
Dy .00,. Tro
-$atal--son teardse by the Master of $33,500.60 is well within the a
“yenge of the City's appraisal. on as
* !
Neither Me. Ballard nor Mrs. Clark were represanted by counsel at
tha hearing. It may well be that Mra. Clark will anpeal to a
jury inasmich as the amount evarded to then by the Special Master
Mr. ou BR. Ivey
January’ 27, 1969
Paze 3
Was |S some $2,000. 00 le ss than that offered to then ie the City.
oe to the avazd to Mr. sitar I would ‘$ecoeea no appeal watess
an aposal was filed by Mrs. cain in the event of Mys. Clark
Filing an appeal, then I would recoumend that an appeal be file d
; >
as to the avard of Me. Bailard,
Please let ma know your wishes in this mat
“a
SP
cr
e
. Yours very teuly,
Forcin Y. Mathers
Assistant City Attorne
¥
Fyu/1 jl
ec: Mr. Stan Martin
DEPARTMENT OF LAW
2614 FIRST NATIONAL BANK BUILDING
ATLANTA, GEORGIA 30303
January 27, 1969
Mz, Paul B. Ivey. =
Lend Agent
Cit cy ia a1
~ALLDESs - Georgia 30303
Dear Paul:
Re: City of Atlanta v.
Case No, B-42835,
(Parcel 3 Qazs
Senasty 25, 1969, and xh:
heard the above-styled case on
Jiacd on Jeonuary 27, 1969, o
$35,509.00 ta Mrs. Clazxi sum o£ $3,000.09 to Raymond c.
Ballard, the ty = tis Ssscoricty, making a total amount of
$33,500. 00.
We. T Tnase Ke <, testified that in his opin-
fon the marks ae was $36,809.00 and the value
of the leassh: ie total amount of $33,000.00.
The tenant, Mr. Ballard, repre
the value of the leasehold was
~~
eet
3 Ff
Mr. Clark raprasontsd Mes. Clark, and in his opinion the valw of
the land and building wes $60,000.00 net to Mrs, Clack after tha
payment of income taxes.
My. Paul B. Ivoy yok |
January 27, 1969 | es
. : |
' |
Page 2
At the hearin Se fe, Clark attempted to introduce a lease entered
into on September 18, 1968, batwaon Mrs. Clavk and Mx, Ballard
$
nes lease dj che entire building to Mr. Ballard fox a rental of
$4,600.00 a year, This loase covated the term of November 1,
' Sipie to Octabar
31, 1972. On objection, the lease was exclud
D $
Seon compidaration beaause mada after both parties lee
“the ‘condemmation But,
The amount averded by the Spacial Master to Mrs, Clark for her
ieasead fee enterest of $35,500.00 is less than the ar ppraisal of
Me, Dabney of $57,759. 00 and that of Me, Kiekland in the amount
--—-- 0£- $36,809. 00,” Accordingly, I vould not recomend’ an appeal from
tho avard to the OWRes.
2 104 abova
The andunt of $3,000,090 ava xded to tho leosse is ovez
He. Dabney's appzaisal of $1,850.00 and ie, Kirklard's anpraisal
of $1,260.00. 2 would point out thet Me. Ballard has asparently
‘undargone some type of operation, and testified that he only
34 cake xd $2,009.00 from his business last year because of the fact
that he wes in the hospital so much. In addition, he has to walk
with assistance, I feel sure that his physical condition would
inflivence a jury in the event his avard is appealed to a jury.
Considering both the leased fee and the leas:
-is, the tot21 exounts involvad, Mr. Dabney's appzra
$39,600.00 and thr, Kirkland’s appvaisal was $38,00
Dy .00,. Tro
-$atal--son teardse by the Master of $33,500.60 is well within the a
“yenge of the City's appraisal. on as
* !
Neither Me. Ballard nor Mrs. Clark were represanted by counsel at
tha hearing. It may well be that Mra. Clark will anpeal to a
jury inasmich as the amount evarded to then by the Special Master
Mr. ou BR. Ivey
January’ 27, 1969
Paze 3
Was |S some $2,000. 00 le ss than that offered to then ie the City.
oe to the avazd to Mr. sitar I would ‘$ecoeea no appeal watess
an aposal was filed by Mrs. cain in the event of Mys. Clark
Filing an appeal, then I would recoumend that an appeal be file d
; >
as to the avard of Me. Bailard,
Please let ma know your wishes in this mat
“a
SP
cr
e
. Yours very teuly,
Forcin Y. Mathers
Assistant City Attorne
¥
Fyu/1 jl
ec: Mr. Stan Martin
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