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Count 1: The Botanical Garden and Piedmont Park Conservancy may not Operate in Secret (paragraphs 35-55)
The Atlanta Botanical Garden and the Conservancy perform public services on behalf of the City of Atlanta and are subject to Georgia's Sunshine Laws
The Atlanta Botanical Garden and the Conservancy are violating the Open Records Act by refusing to disclose their plans for selecting firms to build the parking deck and their studies on health and safety risks associated with the parking deck
The Georgia Attorney General has advised the Atlanta Botanical Garden and the Conservancy that they are subject to the Open Records Act
Counts 2 and 3: The Parking Deck must Comply with State and Local Public Works Laws (paragraphs 56-69)
Georgia's Public Works Laws and Atlanta's City Code require that public works construction contracts comply with governmental contracting and competitive bidding requirements
The parking deck is a public works project. It would be built in a public park, would be used by the public, and would be owned by the City
The Atlanta Botanical Garden, the Conservancy, and the City do not plan to comply with state and local contracting and bidding regulations when building the parking deck and have already selected some firms for the work
The Atlanta Botanical Garden, the Conservancy, and the City must comply with state and local public works laws if the parking deck is built
Count 4: The Parking Deck Deal is an Unconstitutional Gift of Public Property (paragraphs 70-74)
Georgia's Constitution requires that governments receive significant benefits and adequate value in exchange for the use or transfer of public property
Under the parking deck deal, the City will convey highly valuable property and economic rights in Piedmont Park to the Botanical Garden. The City will receive no rent from the Botanical Garden and only minimal revenue from the parking deck. The City will incur potential liabilities and costs and the public will deprived of access to parkland
The parking deck deal with the Atlanta Botanical Garden does not provide adequate value or substantial benefit to the City and is unconstitutional and unlawful
Count 5: The Parking Deck Deal Unlawfully Converts Public Land and Resources to Private Uses (paragraphs 75-79)
The City may not convert parkland in Piedmont Park from public purposes to private uses
The parking deck deal would convert parkland to private uses, including; (a) creating a private parking garage for Botanical Garden visitors; (b) changing 16 woodland acres of public land into a site that will charge an admission fee; (c) ending public access to parkland; and (d) allowing public resources to be used for private purposes
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