Peachtree

City is not being represented by its usual city attorneys

in its current litigation against Pathway Communities.

Pathway

filed suit against the city in November, one day after a

new traffic impact ordinance was passed by the City

Council. Pathway contends that the ordinance, which

requires developers to conduct traffic studies and

possibly arrange for mitigation if a development is

determined to have an adverse impact on traffic, is

unconstitutional.

The city's

insurance carrier has assigned attorney Kirk Fjelstul of

the Atlanta firm of McCollough & Sherrill to handle

the case. This is the first claim filed by the city under

a new policy which took effect Oct. 1 of last year,

covering automotive, property and other liability issues

involving city officials.

The policy

reduces the city's risk to its self-insurance fund in the

event of a large settlement, according to city public

information specialist Betsy Tyler.

Webb,

Stuckey & Lindsey is the city's regular law firm, a

post it has held since 1992.