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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11557
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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We reside in Fulton County, Georgia. We live in a newly incorporated

Resolved Question:

We reside in Fulton County, Georgia. We live in a newly incorporated city. The city is run by homers that run the local baseball rec league. The city has one baseball park that is not used on Sundays. We have a 8 and 9 year old private team that has requested field use permits through the proper procedures and have been denied. The denial is because they can not be certain the days we have requested will not be used by the local league (which is BS, as it has not been used on Sundays in 3 years) and the fact the city can not support another baseball entity (which is BS as we have the contract between local league and city). We are a 501C3 charity and are all taxpayers in the city.

We have been disenfranchised. What can we do?
Submitted: 12 months ago.
Category: Legal
Expert:  Andrea, Esq. replied 12 months ago.

Hi, My name is XXXXX XXXXX X will be assisting you. If I have not Answered your question, please let me know and I will be glad to explain further.

 

 

1. What response did you receive from the City Council when you filed your Petition with them ? (i.e., What exactly did they say besides denying your Petition)

 

2. What response from the Department of Parks and Recreation ?

Customer: replied 12 months ago.

This is the response from Director of parks and rec....

Mark
Your request to rent the field space is denied. With regard to the field usage on Sundays, the HYA has in the past run Sunday additional practices and academy type training. In conversation with the HYA President this may be a viable program again this season. Further they still have not completed their registration and the recreation needs of the program are not known. Lastly, by the volume of dates you have requested, this is not a one off rental, you are running a baseball program. The HYA and the City of Milton are in a partnership to provide recreational baseball programming and limited advanced level play opportunities. That relationship precludes us sanctioning and additional baseball program.

Thank you,


Jim XXXXXX
Director of Parks and Recreation
XXXXX XXXXXXXXX XXXXXXX, XXXXX XXX X
XXXXXX, XX XXXXX
XXX-XXX-XXXX (O) | XXX-XXX-XXXX (F) | XXX-XXX-XXXX (C)
www.XXXXXXXXXXXXXX.XX

Expert:  Andrea, Esq. replied 12 months ago.

Thank you for your reply and your additional information,

 

From your facts, it appears that one group of individuals is monopolizing a City-owned baseball field whose maintenance is paid for presumably by taxes levied on all the residents. This is patently unjust. It also appears that you are not going to find any equity in any ruling by the City Council, or any other municipal arm which is run by this small group of people. A public park which is used for sports and other recreational activities should be available to all the residents of the area, not just a chosen few. The denial is unreasonable because it is based on an excuse, not a reason - that their league needs the field on Sundays. Yet, they have not played a game in the baseball field in three years. But, if they did, in fact, use the field every Sunday, this arrangement would also be unjust, unfair, and unreasonable since they would have no right to monopolize the field to the exclusion of all other teams and leagues which also would want to use the field.

 

You have made a reasonable request and pursued all possible avenues in an amicable manner in trying to secure the granting of your request and some playing time for your league. Since they have been unresponsive and unreasonable, you will have to file a lawsuit on behalf of your league members for "equal playing time". You will have to name as Defendants, the City, the City Council, and quite possibly, those City Council members, individually, who acted in consort with the others who have managed to monopolize the baseball field for themselves and their own interests. I wish there were a faster way, but there is no other way that I can see to accomplish your goal because it will take nothing less than a Court Order to keep those individuals in check and with Contempt of Court hanging over their heads if they do not comply,

 

I wish you the best,

 

_____________________________________________________________________

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

 

Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11557
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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