Georgia judge rules no guns in Atlanta's flower garden

[Phil1979]

19. Georgia Supreme Court Ruling

Hello all,

So that you would have it directly from the source, there has been a ruling from Georgia's highest court on this matter.

On the overall issue, the Court ruled in my favor that public property leased by a private entity does not become "private property" unless the lease grants ownership rights. This is a major ruling since virtually all leases of public property in Georgia only grants a license to use the property, in other words, a "usufruct".

Regarding the Atlanta Botanical Garden specifically, the case now goes back to Fulton Superior Court to determine what kind of lease the Garden has. You can get a copy of the lease from the City of Atlanta. I have read it. To me, it reads more like a license to hold and use the property, but with so many restrictions and requirements in it, does not appear to grant ownership, or "estate for years" rights even though it is a long term 50 year lease.