.NTkw.NTkw

CITY OF .ATLANT.A CITY HALL ATLANTA, GA. 30303 Tel. 522-4463 Area Code 404 IVAN ALLEN, JR., MAYOR R EARL LANDERS, Administrative Ass istant MRS. ANN M. MOSES , Executive Secretary DAN E. SWEAT, JR ., Director of Governmental Liaison · June 27, 1969 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 foll owing findings : 1. 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 t he prope r ty and had some sort of church constructed on it which the City Housing Code Division has recently requi re d her to de m olish . Cons e quently, she does not now occupy the property . This lady now feels that she has a legal right to the prop e rty, howeve r, because she has had effective possession for this l ength of tim e. 2. In 1967 th e City Parks Department was investigati ng all city - o wn e d p r ope r ty to determine th e i r feas i bili ty fo r us e a s playl ot s . Whe n Jack D e lius was investigating thi s p roperty the eld erly lady (kno w n loc ally as "the witch docto r") plac e d a "hex " o n h im fo r p r opos i ng to us e h er p r oper ty . 3. Becaus e of it s po s s ible us e by the Parks D e p artment, the Law Department initiated an action to determine the validity of the city's title . Associate City Attorney, Ralph Jenkin s , represente d the city and while he wa s unable to remove the hex from Mr. D eliu s , did s ucceed in w i nning 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 building is encroaching on the property. 5. 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. 6. 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, therefor e , would be to abandon the property to the claimant. Very truly yours , GJB :p �