Traffic project could lead to lawsuit, attorney says

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Traffic project could lead to lawsuit, attorney says

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Improving traffic flow at the

intersection of Ga. Highway 85 and North Jeff Davis Drive in Fayetteville

will pose an inconvenience to the owner of the Hobby Lobby shopping center.

But the project may provide

a larger benefit to the motoring public, particularly those turning right

off Jeff Davis and onto Hwy. 85.

The project will require a

curb cut off the highway serving the shopping center to be closed off

permanently, the Georgia Department of Transportation has ruled. That

would leave the shopping center containing Hobby Lobby with just one direct

entrance off Hwy. 85, at the traffic light in front of the Krystal restaurant.

But, as Mayor Ken Steele noted

during last week's City Council meeting, "We put the red light

in to make it easier to get in and out of the shopping center."

Closing the curb cut in front

of the Hotlanta Wings restaurant, however, could open Fayetteville up

to a lawsuit from the owner of the shopping center, according to City

Attorney David Winkle. But city officials hope to head that off at the

pass and broker a deal, perhaps allowing construction of another outparcel

at the shopping center.

At stake is a project to build

a right-turn lane on the north end of Jeff Davis Drive so vehicles can

head northbound on Hwy. 85. Currently, vehicles turning right share the

same lane with vehicles that are going straight at the light.

If the curb cut is closed by

the city, the shopping center owner could file suit to recover the depreciated

value of his property. The judge on such a case could also determine that

the owner of the center is owed nothing by the city.

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