The swap of 40-acres of Intrenchment Creek Park (ICP) to a private developer never should have happened. Currently, the park land is under threat of being developed as a data center. Over the past five-plus years the swap issue has wound its way through Georgia’s court system. This multi-year effort to protect and reclaim ICP has been spearheaded by South River Watershed Alliance and DeKalb residents, near and far, who are the rightful owners of ICP.
On October 23, 2024, the Georgia Court of Appeals ruled that the complaint filed by South River Watershed Alliance in 2021 was barred due to sovereign immunity. Georgia law forbids a lawsuit in which two defendants are named one having sovereign immunity (DeKalb County) and the other a private entity (Blackhall Real Estate Phase II, LLC). The complaint was sent back to DeKalb County Superior Court, where the lawsuit was originally filed, instructing the judge in that lawsuit to vacate any decision made about the lawsuit and to dismiss it.
In its remand order, the Court of Appeals did not address the merits or issues of fact related to the swap raised by South River Watershed Alliance and co-plaintiffs.
Without question, the Intrenchment Creek Park 2003 Vesting Deed, with DeKalb County as Grantee, provides “both the Blank Foundation and members of the public that use the Park” shall have the right to take any action necessary at law or equity to enforce the Use Restriction that it shall be used in perpetuity as park property…