Trustees Atlanta University v. City of Atlanta
Supreme Court of Georgia
Petition for injunction. Before Judge Marshall J. Clarke. Pulton county. August 17, 1893. The Trustees of the Atlanta University, a corporation, brought its petition against the City of Atlanta, for injunction against further prosecuting certain proceedings to condemn a bridge, etc., and from interfering with the bridge. The injunction was denied, and the plaintiff excepted.
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Petition for injunction. Before Judge Marshall J. Clarke. Pulton county. August 17, 1893. The Trustees of the Atlanta University, a corporation, brought its petition against the City of Atlanta, for injunction against further prosecuting certain proceedings to condemn a bridge, etc., and from interfering with the bridge. The injunction was denied, and the plaintiff excepted. The petition alleges the following: In 1872 plaintiff was the owner of a body of land in the western part of the city, used for the purposes of a university, on which were two large brick buildings about 270 feet apart.…
1Opinion of the Court
Bleckley, Chief Justice.
1. One of the charter powers given by statute to the City of Atlanta is “to open, lay out, widen, straighten, or to otherwise change streets, alleys and squares in said city.” Acts of 1874, p. 131; City Code, §60. This grant is comprehensive enough to embrace the alteration of a street in any respect, whether on, below or above the surface of the earth. And the power to open streets embraces the power to keep them open, not only at the surface but over and above the same indefinitely, or, at all events, to such height as may be either necessary or reasonably desirable…
2Cited by9 opinions
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- City of Atlanta v. Airways Parking Co.Supreme Court of Georgia · 1969
- Marist Society of Georgia v. City of AtlantaSupreme Court of Georgia · 1955
- Athens Terminal Co. v. Athens Foundry & Machine WorksSupreme Court of Georgia · 1907
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