Allright Auto Parks, Inc. v. City of Atlanta

My only quarrel with the majority opinion is a factual one — that is, whether the planned parking structure “is to be acquired for the purpose of devoting it to a public use” within the meaning of the Code section.

Obviously, every acquisition of property by the exercise of the power of eminent domain must be in the “public use” broadly conceived — else it would be mere expropriation. In this larger sense, the parcel in question is to be devoted to a public use. However, our previous discussion in McCord v. Housing Auth. of the City of Atlanta, 246 Ga. 547 (272 SE2d 247) (1980) distinguished…