Sandy Springs Moves Forward With Eminent Domain for City Center Project

After a debate on whether it was the right way to move forward with its City Center project, Sandy Springs leaders voted to allow City Attorney Wendell Willard to utilize eminent domain to acquire five parcels needed for the project.

The council unanimously approved utilizing the legal maneuver for land at 237 Johnson Ferry Road, which is currently home to Goodwill Industries of North Georgia and owned by Flambeau Realty, Inc. and Straus Irma Realty Corp.

While it did vote to proceed with using eminent domain on the four remaining parcels — 6201 Roswell Road, 6215 Roswell Road, 6219 Roswell Road and 260 Mount Vernon Highway — the decision was not unanimous.

With all members present for the meeting, Council member Andy Bauman cast the lone vote in opposition to the proposal.

The parcels all fall within the scope of the City Center site plan.

The Roswell Road and Mt. Vernon Highway parcels all fall within what has referred to as Triangle Park.

W.B. Holdings Triangle, LLC owns the land and Adam Orkin is the registered agent. Tenants on the property are Eddie’s Automotive at 260 Mount Vernon Highway; Ruby Vapor LLC at 6201 Roswell Road; and Mattress USA at 6219 Roswell Road. To the city’s knowledge, no tenant is leasing space at 6215 Roswell Road.

According to city council agenda documents, the owner of the Johnson Ferry Road land has declined the city’s offer to purchase the parcel for $3.9 million, based upon an appraisal value as of Sept. 29. W.B. Holdings Triangle LLC has also rejected the city’s offer to acquire its parcels for $3.4 million, which is also based upon an appraisal value as of April 27.

The council did not express heartburn over the Johnson Ferry Road piece, as Goodwill has announced plans to relocate to Sandy Springs Village at the corner of Roswell and Abernathy roads at the beginning of the year. However, council members debated whether the use of eminent domain on the remaining parcels was necessary.

Adding to the council’s reluctance were statements made by the attorney representing W.B. Holdings, who said Orkin has plans to redevelop the parcels into high-end retail, entertainment and residential components.

Additionally, the attorney made note of the proposed park’s location, adding he doesn’t foresee families crossing Roswell Road just to access the park once it’s constructed. If the city moves forward with using eminent domain, the attorney said he and his client “will fight this through the Superior Court system.”

Michael Willis of Kennesaw, son-in-law of the late “Fast Eddie” Mobley of Eddie’s Automotive, added he felt there has to be another way for the city to move forward with its plans without having to use eminent domain.

His late father-in-law’s dedication to the community over the last 40 years, he added, has been second to none.

“Getting rid of the old and bringing in the new may not be the best thing for the community,” he added.

Willard reiterated the use of eminent domain would only occur if the parties could not come to an agreement. If that were to occur, the legal team would have to file a petition for a condemnation hearing before a judge. That would take at least 30 days, he added.

Additionally, Willard said the city is now in the position to move forward, as it has learned new lease agreements have been signed while the attorneys have been in “good faith” negotiations.

Later in the meeting, the council heard from the owner of Ruby Vapor, who said he was told by the property owners that they were not in negotiations with the city to acquire the land.

If the city uses eminent domain to seize the property, Willard added it will have the “responsibility” of helping tenants find new locations and pay the cost of relocating.

Council member Ken Dishman said while he has “a lot of concern about exercising eminent domain,” said the city’s plan has been communicated for years, and he was inclined to support the motion.

Fellow council member Gabriel Sterling added he also has reservations about using the legal option, but added the city needs to implement the plan that’s currently on the table.

Mayor Rusty Paul said the land is not just for a park, but part of the project slated to bring traffic improvements to the area. The triangle is a key portion of the City Center boundary, and not including it would require a significant redesign of the plan, he added.

“If we don’t acquire it, we have to start over,” he said of the City Center plan. “We have to redo our plan.”

Assistant City Manager Bryant Poole added moving forward on this parcel is more pressing, as there are federal dollars and a timeline tied into the transportation improvements the city wants to do along Roswell Road.

Council member Tibby DeJulio added both he and former Mayor Eva Galambos met with Orkin two years ago to discuss the city’s vision, so he knows the property owner has been aware of these plans.

For council member Bauman, he said he has “trepidation” about the price tag for the parcel, and the possibility it could rise. While the triangle is part of the City Center’s plan, he felt the city should consider whether should be a necessary component.

“I’m a little reluctant to lend my support to an open-ended price tag for this piece,” he added.

Paul stated he’d have the same trepidation if the parcel was just for a park and did not include the planned transportation improvements. With that in mind, noted the triangle may be the “most crucial” aspect of the City Center plan.

“I’m just not convinced yet,” Bauman responded.