City of Atlanta v. Southern Railway Co.

Candler, Justice.

By an act approved February 21, 1951 (Ga. L. 1951, p. 3074), the charter of the City of Atlanta was amended so as to authorize and empower its mayor and general council, in their discretion, to grade, pave, repave or otherwise improve any of its non-arterial streets or portions of its streets and assess the cost thereof against the abutting property. Section 12 of the act is as follows: “It is declared to be the intention of this charter amendment to authorize the improvement of non-arterial streets, public alleys or public places only and that the method herein provided for…