Atlanta Through the Archives

West v. Housing Authority of City of Atlanta

Summary

July 13 - November 14, 1954
Plaintiffs Newell Edenfield, Wm. G. McRae, Wm. F. Buchanan argue in a petition that housing projects must be in accordance with Atlanta’s zoning laws, but the Housing Authority (HA) is attempting to develop residential units in a single-family residential area. The proposed project GA-67 is argued to be an infraction of due process because it proposes “housing units to be constructed…shall be occupied only by white persons, thus constituting an unconstitutional attempt at racial segregation.” The HA argues the plaintiffs have no legal basis to argue against the development, pointing to the Housing Authorities Law that does not forbid the HA from developing housing projects for members of a single race. Plaintiffs argue GA-67 misuses the concept of eminent domain, taking private property for a purpose other than “necessary public housing.” The court denies the plaintiffs’ petition, stating it has no constitutional basis.

SOURCES:

West v. Housing Authority of the City of Atlanta, 237 Ga. 200, 227 S.E.2d 328 (Ga. 1976) https://casetext.com/case/west-v-housing-authority-of-the-city-of-atlanta