City Council of Augusta v. Newsome, 19056
| Decision Date | 13 October 1955 |
| Docket Number | No. 19056,19056 |
| Citation | 211 Ga. 899,89 S.E.2d 485 |
| Parties | CITY COUNCIL OF AUGUSTA et al. v. C. S. NEWSOME et al. |
| Court | Georgia Supreme Court |
Fulcher, Fulcher & Hagler, Augusta, for plaintiff in error.
R. William Barton, Nicholson, Fleming & Barton, B. H. Barton, George Hains, Sol. Gen., Augusta, for defendant in error.
Syllabus Opinion by the Court
1. 'The state or a political subdivision may dedicate lands owned by it to a particular public use.' 16 Am.Jur. 356, § 13; City of Abbeville v. Jay ex rel. Syms, 205 Ga. 743, 746, 55 S.E.2d 129; Code, § 69-602. 'When a dedication is made by a town or city, it enures to the benefit of all who are at the time, or may afterwards become citizens of the corporation.' Mayor, etc. of City of Macon v. Franklin, 12 Ga. 239(6). 'If the owner of lands, either expressly or by his acts, shall dedicate the same to public use, and the same shall be so used for such a length of time that the public accommodation or private rights might be materially affected by an interruption of the enjoyment, he may not afterwards appropriate it to private purposes.' Code, § 85-410. 'As a general rule, a municipality has no power to convey or sell land dedicated as a public park, square, or common.' 39 Am.Jur. 829, § 34. See Kirkland v. Johnson, 209 Ga. 824, 76 S.E.2d 396; Norton v. City of Gainesville, 211 Ga. 387, 86 S.E.2d 234, and cases cited.
2. Where, under the pleadings and the evidence before the judge upon an interlocutory hearing on a petition to enjoin the City of Augusta from selling a protion of a public park known as Allen Park, it was undisputed that the City of Augusta acquired the fee-simple title to said property by warranty deed executed July 12, 1859, and it has for more than 40 years prior to the filing of the petition been dedicated by the city to public use as a public park and playground for the use of citizens of the City of Augusta, and that the said use has been continuous, uninterrupted, and undisturbed since its dedication to the pbulic use, and that the use of said property for park purposes has never been abandoned by the public, and the only purported abandonment of said property was by resolution of the Mayor and Council of the City of Augusta, adopted after the filing of the petition before the court, in which it was provided that said property is hereby abandoned as a park and shall no longer be used for park purposes and shall be sold to Sears, Roebuck & Company (for private...
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Department of Transp. v. City of Atlanta
...change in use of dedicated parklands was the central factor mitigating in favor of the injunction. City Council of Augusta, et al. v. Newsome, et al., 211 Ga. 899, 89 S.E.2d 485 (1955), and Harper, et al. v. City Council of Augusta, et al., 212 Ga. 605, 94 S.E.2d 690 (1956), show the proces......
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...highway, alley, lane, parkway, avenue, road, sidewalk or other public way...." A.R.S. § 28–7201(4) (2013).6 City Council of Augusta v. Newsome, 211 Ga. 899, 89 S.E.2d 485 (1955) ; Schien v. City of Virden, 5 Ill.2d 494, 126 N.E.2d 201 (1955) ; 2000 Baum Family Trust v. Babel, 488 Mich. 136,......
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