The Fayette Citizen-News Page

Wednesday, January 21, 2004

Traffic project could lead to lawsuit, attorney says

By JOHN MUNFORD
jmunford@TheCitizenNews.com

Improving traffic flow at the intersection of Ga. Highway 85 and North Jeff Davis Drive in Fayetteville will pose an inconvenience to the owner of the Hobby Lobby shopping center.

But the project may provide a larger benefit to the motoring public, particularly those turning right off Jeff Davis and onto Hwy. 85.

The project will require a curb cut off the highway serving the shopping center to be closed off permanently, the Georgia Department of Transportation has ruled. That would leave the shopping center containing Hobby Lobby with just one direct entrance off Hwy. 85, at the traffic light in front of the Krystal restaurant.

But, as Mayor Ken Steele noted during last week’s City Council meeting, “We put the red light in to make it easier to get in and out of the shopping center.”

Closing the curb cut in front of the Hotlanta Wings restaurant, however, could open Fayetteville up to a lawsuit from the owner of the shopping center, according to City Attorney David Winkle. But city officials hope to head that off at the pass and broker a deal, perhaps allowing construction of another outparcel at the shopping center.

At stake is a project to build a right-turn lane on the north end of Jeff Davis Drive so vehicles can head northbound on Hwy. 85. Currently, vehicles turning right share the same lane with vehicles that are going straight at the light.

If the curb cut is closed by the city, the shopping center owner could file suit to recover the depreciated value of his property. The judge on such a case could also determine that the owner of the center is owed nothing by the city.


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