January 4, 2013
YOUR ATTENDANCE IS ESSENTIAL at what will likely be the final hearing related to the Landmark Crum & Forster Building. This is the culmination of four years of APC’s efforts to preserve the Crum & Forster Building, the City of Atlanta’s Preservation Ordinance and the rights of Atlanta’s citizens.
APC believes all concerned citizens should be present to witness the actions of Fulton County Superior Court Judge Goger, the City of Atlanta and the Georgia Tech Foundation. Our current understanding is that Judge Goger is likely to rule from the bench on all pending motions as well as the final disposition of the case.
APC urges you to please be present to make it clear to the Court, the City and Georgia Tech Foundation that these issues are of fundamental concern to the public.
Explanation of Current Action
On September 24, 2012, a Consent Order was issued by Judge Goger and was signed by legal counsel for Georgia Tech Foundation (GTF) and a Deputy City Attorney. This Consent Order directed the City’s Board of Zoning Adjustment (BZA) to order the City’s Director of Planning to issue a permit to GTF that would have allowed for demolition of the Crum & Forster Building. Because the Deputy City Attorney decided to “settle” the case in this manner in consultation with the Mayor’s office, this Consent Order was signed without a hearing on the merits of the case.
At the next hearing of the BZA, the BZA stated very clearly that its members had not been a party to the Consent Order and that they had not even been consulted by the Deputy City Attorney ostensibly representing them. Furthermore, they disagreed that this attorney had legal or proper client authority to “settle” the case in this manner and accordingly determined that they were legally unable to follow the Consent Order.
The Office of the City Attorney has now withdrawn from the case and the City as well as the BZA each have private outside legal counsel funded by the taxpayers of Atlanta.
Due to the clear conflicts of interest in the Office of the City Attorney and the unusual way in which the City handled the “settlement,” a group of concerned citizen taxpayers has filed a Motion to Intervene which would allow these citizens to have direct standing in the litigation.
Other motions, including a filing by GTF seeking to hold the BZA members and others in civil and criminal contempt, are also pending. Judge Goger is expected to rule on all pending issues involving this case on Tuesday, January 8, 2013 at 9:30 am.
Tuesday, January 8, 2013, 9:30 am
Superior Court of Fulton County
136 Pryor Street SW, Atlanta GA 30303
Court Room A8 (Enter on Central Ave)