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Development Authority Of Columbus Georgiav.Four Js Family, Lllp

CourtCourt of Appeals of Georgia
Docket No.A16A1741
DecidedMarch 2, 2017
JudgesCourt of Appeals of Georgia
Tags
CivilGovernment LawProperty LawStatutory InterpretationPreliminary InjunctionMotion to DismissReversal
Case Summary

The Development Authority of Columbus agreed to sell a downtown commercial parcel valued at approximately three million dollars for $50,000 to a developer that promised to build a hotel and parking garage. An adjoining hotel owner sought to enjoin the sale, alleging that the authority violated Georgia’s Development Authorities Law by disposing of public property below fair market value without satisfying statutory conditions. The trial court denied the authority’s motion to dismiss and entered a preliminary injunction blocking the closing. The Court of Appeals reversed. It held that the statute did not prohibit the proposed disposition on the theory asserted by the neighboring owner and that the injunction rested on an erroneous interpretation of the Act. Because the petition did not establish a legal basis for the requested restraint, the trial court’s orders could not stand. The judgment was reversed, and two judges concurred.

Opinion

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