The 46 acres of recreation and green space known as the Autrey Mill Nature Preserve and Heritage Center is the object of a battle for control between the city of Johns Creek and the nonprofit organization that has operated it for 20 years.

On March 11, the city filed a lawsuit to quash the lease the Autrey Mill Nature Preserve Association has on the land on Autrey Mill Road. The city inherited the lease in January 2007 when it bought the park from the county.

“Our primary concern centers around the Association’s original lease with Fulton County and an amendment executed July 19, 2006, the day after the successful referendum vote on [Johns Creek] incorporation,” city spokesman Bill Doughty typed in an email sent to concerned residents who have contacted the city about the lawsuit.

City officials contend the lease is not legal, citing state law that says an elected body such as the county commission cannot enter into contracts or agreements that bind another elected body after the fact.

“The lease, as written, could last up to 60 years,” Doughty writes.

The association board, which is all volunteers, has sole responsibility for managing and operating the nature preserve and its programs, as well as the historic structures and artifacts donated to the preserve. The city wants to change that.

According to Doughty, Johns Creek has been working with the Autrey Mill board to reach a legal operating agreement governing the relationship between the board and the city, and the association’s use of the city’s park to continue providing programs for the community. Similar agreements are in place with the Ocee Park Athletic Association, Newtown Recreation and the Newtown Park Community Foundation.

“We own the park, we own the liability, so we should at least have some say about appropriate activities happening at the park,” Mayor Mike Bodker said.

But Autrey Mill board members say the association has more than ample liability insurance and the city is a named insured, so it has no risk.

The board has always been open to meeting the needs of the city, according to board member Joan Compton, but “they sued us without ever negotiating. The document they wanted us to sign did not resemble what representatives of Autrey Mill and the City had previously discussed. A few weeks later, Autrey Mill sent back revisions to the city’s proposed contract. We heard nothing back from them until this lawsuit.

“In these times with money short everywhere, we were shocked that the City is spending taxpayers’ dollars and forcing Autrey Mill’s nonprofit Board to divert our limited resources into a court fight,” Compton said. “We are ready and able to defend Autrey Mill from a hostile takeover, but we continue to prefer to negotiate with the city and resolve our differences in a principled way.”