Judge: Friends of Piedmont Park must pay damages

A Fulton County Superior Court judge yesterday ruled in favor of the Atlanta Botanical Garden in its case against Friends of Piedmont Park, the nonprofit citizens’ group that fought a parking deck in the city’s iconic Midtown greenspace.

Judge T. Jackson Bedford determined two of the four claims filed by the garden against the group were “without merit” and ordered lawyers from the two sides to assess damages in the next two weeks.

The garden initially sought $290,000 in damages they say were incurred because of the contentious legal fight that erupted in 2005 when it announced plans for a 800-space parking deck inside the park. Friends of Piedmont Park and other neighborhood activists fought the project on the argument that a taxpayer-funded public space should not gift property to a private nonprofit organization without public engagement and input. The bitter dispute raged both in court documents and yard signs and divided nearby residents and the city at large.

The Atlanta City Council voted for the deck and Mayor Shirley Franklin signed its legislation later that year. The deck is scheduled to open in May and according to Mary Pat Matheson, the garden’s executive director, it will be virtually unseen, grant more access to the park, and potentially boast LEED-certification.

Matheson says she is “obviously very pleased” with Bedford’s ruling. Doug Abramson of Friends of Piedmont Park declined comment.