Fwd: [AUDC-Districts] Fwd: URGENT - Crum & Forster Court Hearing 1/8/13

[Teague Buchanan]

---------- Forwarded message ----------
From: "Alida Silverman" <alidasi...@me.com>
Date: Jan 4, 2013 6:19 PM
Subject: [AUDC-Districts] Fwd: URGENT - Crum & Forster Court Hearing 1/8/13
To: "Districts Group" <AUDC-Di...@yahoogroups.com>, "Robert Barnes" <robert...@gmail.com>, "Walter Saunders" <wa...@att.net>, "Chris Leeth" <cle...@mindspring.com>, "Lynn Speno" <lys...@gmail.com>, "Catherine Howett" <cedar...@earthlink.net>, "Sue Apolinsky" <sueapo...@aol.com>, "Betty Ann Lynch" <lync...@mindspring.com>, "Kate Dannenberg" <sin...@mindspring.com>, "Amy Stankus" <asest...@mindspring.com>, <dire...@druidhills.org>
Cc: "Steven Cappel" <khf...@aol.com>

 

Begin forwarded message:

From: The Atlanta Preservation Center <in...@preserveatlanta.com>

Subject: URGENT - Crum & Forster Court Hearing 1/8/13

Date: January 4, 2013 3:00:44 PM EST

To: alidasi...@mac.com

Reply-To: in...@preserveatlanta.com

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Crum & Forster
Court Hearing on Tuesday, January 8, 2013 at 9:30 am
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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

Fulton County Court Website [http://r20.rs6.net/tn.jsp?e=001uHLZeLOZO5B2KHpvmkzbfIs7qxsaONMxGiOYjN_8XBQAeOeDITTrbMyZBbVm4inOQK_ASTNeogvN7vIsOiC4lx6YnsXyhKFdbfLadPTi_NkE7g32vePR6LtoBCsVX9Mq]

www.PreserveAtlanta.com

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Atlanta Preservation Center | 327 St. Paul Avenue, SE | Atlanta | GA | 30312

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