Butler v. City of Atlanta

1. “Without express legislative authority, a municipality can not grant to any person the right to erect or maintain a structure or obstruction in a public street.” Civil Code (1910), § 894. Obstructions “for purely private gain” are not permissible. . “Streets are primarily intended for the use of travelers,” and “any permanent structure in a street which materially interferes with travel thereon is a public nuisance. Permanent structures which do not interfere with travel and which are erected for public purposes, such as telegraph and telephone poles and the like, are permissible.” City…