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POPE v. CITY OF ATLANTA

32525, 32526.

240 Ga. 177 (1977)

240 S.E.2d 177

POPE v. CITY OF ATLANTA et al.; and vice versa.

Supreme Court of Georgia.

Decided October 18, 1977.

Rehearing Denied November 9, 1977.

Attorney(s) appearing for the Case

Moreton Rolleston, Jr., Arthur K. Bolton, Attorney General, Patricia T. Barmeyer, Assistant Attorney General, for appellant.

Ferrin Y. Mathews, Ralph H. Witt, Mary Carole Cooney, Arthur K. Bolton, Attorney General, Patricia T. Barmeyer, Assistant Attorney General, for appellees.

Furman Smith, Jr., William R. Bassett, Harvey M. Koenig, amicus curiae.

UNDERCOFLER, Presiding Justice.

Mrs. Pope wishes to build a tennis court on the rear portion of her residence property which borders on the Chattahoochee River. The City of Atlanta issued a stop work order claiming that at least part of the tennis court was within 150 feet of the river and the river's floodplain and that she could not build the court without violating the Metropolitan River Protection Act (River Act), Ga. L. 1973 p. 128, as amended, Ga. L....

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