A new game is being played on the polo fields at Barnhardt Circle.

Tuesday, Jan. 27, Fort Oglethorpe Mayor Ronnie Cobb and City Manager Ron Goulart were served with a lawsuit against the city for the unlawful construction of the cricket pitch, a 22-yard long strip of concrete used for the European sport of cricket.

The plaintiff is Sharon Anderson, who resides in one of the antique homes that line Barnhardt Circle.

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The cricket pitch controversy:

Cricket pitch must go

Rounding the bases of the Barnhardt Circle argument

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In her suit, she claims that the City of Fort Oglethorpe is not abiding by a 1996 charter the city agreed to, which states that the grounds “shall be preserved in its present condition for the use and benefit of the general public and no further construction or obstruction of any sort is allowed in the said circle.”

In addition to the 1996 charter, Fort Oglethorpe’s Historic Preservation Ordinance protects the Circle, and any other area important in the city’s history, from damage and abuse.

The lawsuit stipulates the cricket pitch, which is approximately two car lengths long, be removed from the Circle and also that Anderson’s attorney fees be footed by the City.

With a quick reference to state law books, Goulart found instances where Anderson’s lawsuit can be questioned.

Goulart pointed out that the law protects those who are persecuted by the “stubbornly litigious,” meaning people who file suits and find every loophole available to keep the litigation underway.

“This is being stubbornly litigious,” Goulart said, while holding up the paper copy of the lawsuit, which is over an inch thick.

In Aug. 2008, Anderson and her lawyers filed an Ante Litem, which according to Goulart, is a citizen’s way of legally letting the city know of problems.

The Ante Litum gave the city a deadline for removing the cricket pitch. The city manager responded with a letter stating that the city “does not consider the concrete slab to be a violation of the Charter.”

The Fort Oglethorpe Recreation Department constructed the pitch after noticing that many people were interested in using the Circle to play cricket, according to Goulart, who said the city knew the rules behind the Circle.

“It simply helps the people who use the field for recreation,” he said.

He added, “You really couldn’t find it unless it was pointed out to you.”

Goulart said he stands behind the city stating that they had only good intentions at heart and wanted to help the citizens enjoy Barnhardt Circle with the installation of the cricket pitch.

“I’m just sorry it has resulted in litigation,” Goulart said.

The City Council has also made plans to update the sidewalks around the Circle and create a better atmosphere for recreation, but now, Goulart said city officials are afraid to move forward even though they already have money available for the sidewalk reconstruction.

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Attorneys explain Anderson’s stance:

One of Sharon Anderson’s lawyers, Bob Goldstucker of Nall and Miller, LLP in Atlanta, Ga., pointed out that in the letter responding to the Ante Litem, the city council members say they do not consider the cricket pitch an obstruction, but that they ignore the construction part of the charter.

“If you’re pouring concrete, that’s construction,” Goldstucker said.

He then asked why the city council would think a Fort Oglethorpe citizen would need a cricket pitch, since cricket is not an American sport.



“You probably haven’t seen much cricket playing,” he said.

He added that he could understand the need for a football or soccer field.

Goldstucker then wondered who benefited from the installation of the pitch.



“This is an example of arrogance of politicians who ignore the written word of their charter because they are trying to placate their constituents,” he said.

He said he does not suspect that the council is involved in anything illegal, but rather that they are pleasing someone by giving out favors.

Another of Anderson’s lawyers, Laura Eschleman of Nall and Miller, LLP in Atlanta, Ga., viewed the removal of the cricket pitch as the only response for the city council to have.

“It would be a remedy for their wrong,” Eschleman said.

According to Eschleman and Goldstucker, Anderson’s goal is to have the polo fields restored to their original state as protected by the 1996 charter.

When asked about the council’s plans to add sidewalks to Barnhardt Circle, Goldstucker said the sidewalks were a different matter since they are on the perimeter of the actual field.

Goldstucker would like to see the City treat the polo fields as a green, like on a college campus.

Though Anderson filed the complaint, Goldstucker and Eschleman said the cricket pitch lawsuit is not merely for the benefit of Anderson.

“Really it’s not just Sharon, it’s every citizen,” Eschleman said.

Goldstucker and Eschleman explain the decision of the city council to continue with legal proceedings instead of removing the cricket pitch will actually cause the citizens of Fort Oglethorpe to pay for the legal fees.

“They’re going to hurt their own citizens for fighting,” Eschleman said.

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