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Pope v. Atlanta, City of

ELR Citation: 7 ELR 20044
Nos. No. C76-607A, 418 F. Supp. 665/(N.D. Ga., 08/23/1976)

The court dismisses a claim that Georgia's Metropolitan River Protection Act is an unconstitutional taking of private property without just compensation as applied to construction of a tennis court. Plaintiff began constructing the tennis court within 150 feet of the Chattahoochee River in northwest Atlanta, but stopped following an inspection by the Atlanta Regional Commission and issuance of a temporary injunction. Plaintiff cannot raise an estoppel defense to the Commission's stop-work order because she did not plead with sufficient particularity that she relied on official representations of approval. Nor has she proven that the Act has been selectively enforced, since the Commission has not allowed any new impervious structures within 150 feet of the river. Also, the Commission has not arbitrarily disregarded the Chattahoochee Corridor Study in prohibiting her construction. Finally, the Act does not constitute a taking of private property without just compensation, because prohibiting tennis court construction leaves the plaintiff's land value entirely undiminished.

Counsel for Plaintiff
Moreton Rolleston Jr.
2604 First National Bank Tower
Atlanta GA 30303
(404) 522-1243

Counsel for Defendant Atlanta Regional Commission
Ralph H. Witt
2614 First National Tower
Atlanta GA 30303
(404) 524-7731

William R. Bassett
4 Executive Park Dr., NE
Atlanta GA 30329
(404) 325-8196

Counsel for Defendant State of Georgia
Arthur K. Bolton, Attorney General
Patricia Barmeyer, Asst. Attorney General
132 State Judicial Bldg.
Atlanta GA 30334
(404) 656-3300

Counsel for Intervenor
Friends of the River
Furman Smith
Georgia Savings Bank Bldg.
Atlanta GA 30303
(404) 523-8780