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Section 5 Preclearance for Acquisition of Property

Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone
December 20, 2016
Available Online Only

City of College Park v. City of Atlanta (Julie E. Carnes, N.D. Ga. 1:08-cv-1464)
The City of College Park and one of its residents filed a federal complaint against the City of Atlanta in the Northern District of Georgia on April 18, 2008, claiming that Atlanta was violating section 5 of the Voting Rights Act by acquiring an apartment building in College Park to clear the land of structures and people for benefit of the airport without first obtaining preclearance for the change in College Park’s electorate. On the day that the complaint was filed, the district judge issued a temporary restraining order enjoining the property acquisition, but the property had already been acquired earlier in the day, so the judge vacated the order. The parties agreed to a settlement.
Topics: Section 5 preclearance; three-judge court.

One of many Case Studies in Emergency Election Litigation.