Phoebe work on residential nursing center can move forward, Dougherty Superior Court judge rules

ALBANY – A Dougherty County Superior Court judge ruled on Friday that demolition of five buildings that was temporarily halted a week ago can proceed, clearing the way for work to resume on a residential nursing education center.

Judge Victoria Darrisaw rejected the Albany-Dougherty Historic Preservation Commission’s challenge seeking to halt the demolition, which was approved by the city of Albany. The judge stated in the ruling, issued Friday afternoon, that the commission did not have standing to file its appeal.

The ruling also stated that the case amounted to the city suing itself in that the HPC is a subsidiary body in the city’s organizational structure.

Following an initial public hearing during the summer, the eight-member HPC, half of whose members are nominated by the Albany City Commission and half by the Dougherty County Commission, voted 4-3 to deny the five Certificates of Appropriateness needed in order to remove the structures located in the city’s historic district.

The five structures include the building on Jefferson Street that was completed in 1925 and was at one time the home of Albany High School and Albany Middle School, as well as three historic homes and a 1960s-era medical building.

Phoebe Putney Memorial Hospital plans to spend $40 million on the “Living and Learning Center” to be located across Jefferson Street from its main medical facility. The center will educate Albany Technical College students, who will train using Phoebe’s simulation center and by working in the hospital.

After the denial of the COAs, Phoebe appealed to the City Commission, which overruled the decision during an August meeting with a unanimous vote, and last Friday the city issued demolition permits.

A temporary restraining order issued on Sept. 10 halted the work temporarily, but the judge’s ruling Friday means the project can move forward, Albany City Attorney Nathan Davis said.

Darrisaw ruled that the HPC did not have standing – that it has no property right in the issue, is not an aggrieved party and cannot be legally adversely affected by a successful appeal of its denial.

Davis said his understanding is that the HPC has no avenue to directly appeal the decision.

“Obviously, we’re pleased and ready to move forward with progress,” City Commissioner Chad Warbington said after the ruling was handed down. “I’m glad it’s all resolved. At some point it’s got to end.

“It may not be something you like, but you know what, it’s time to move on to the next issues for the city. It’s time to move on.”

File Photo: Tara Fletcher