DEL.ICIO.USJohns Creek sues Autrey Mill over park’s control
The Atlanta Journal-Constitution
Friday, March 13, 2009
Autrey Mill Nature Preserve and Heritage Center looks peaceful, but the city of Johns Creek this week sued the center board over who runs the park.
In the lawsuit, the city complains that in 2007 the center’s board of directors signed a 60-year lease with Fulton County to operate the nature and history park, which the county owned. When the community of Johns Creek incorporated, the city inherited the center, and accepted the lease. The board of directors remained in place.
City officials maintain that because the city is ultimately liable for what happens at Autrey Mill, it should be in charge of what goes on there. The board of directors has claimed that because it has a 60-year operating agreement, the city should back off.
So the city has sued in Fulton County Superior Court to have the lease voided.
Board President Richard McMahn said Mayor Mike Bodker signed a statement accepting the lease when the city acquired the property soon after becoming a city. If city officials didn’t like the lease, the mayor shouldn’t have signed it, he said.
“They’re spending taxpayers money fighting something they knew about and accepted,” he said.
The city believes the lease isn’t even legal because one government can’t long-term obligate another as a condition of a purchase, said City Manager John Kachmar.
The issue came to a head after city and board officials failed to negotiate several differences. For example, the city has to ask the board’s permission to use one of the buildings that it owns, Kachmar said. The city pays utilities and maintenance for the park, about $38,000 annually.
Another sticking points is that the board is allowing a groundskeeper to live in a building, and the city pays his utilities even though it has no contract with him. McMahn said the tenant provides security and maintenance and is a park employee.
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