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Noble Parking, Inc.v.Centergy One Associates, LLC et al.

CourtCourt of Appeals of Georgia
Docket No.A13A2254
DecidedMarch 21, 2014
Reporter326 Ga. App. 455, 756 S.E.2d 691
JudgesJudge Boggs authored the opinion; Presiding Judge Doyle and Judge McFadden concurred
Tags
CivilCivil ProcedureProperty LawAdministrative LawGovernment LawAppellate ProcedureSummary JudgmentStatutory InterpretationReversalRemand
Case Summary

Noble Parking operated a surface parking lot as a legal nonconforming use. After a temporary horse show displaced the parking use for less than 90 days, the City treated the use as superseded, and the City and neighboring businesses obtained summary judgment in an injunction action. The Court of Appeals held that Noble could defend the action without exhausting administrative remedies because it had not initiated a collateral challenge to a zoning decision. It also held that the temporary event did not supersede the established parking use under the City Code: the relevant permitted-use provisions did not cover an event lasting less than 90 days, and the City had issued no permit under the zoning provisions in Part 16. The court reversed the City’s summary judgment and the partial summary judgment for Centergy and Tuff. The opinion ordered reversal and did not direct a remand.

Opinion

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Noble Parking, Inc. v. Centergy One Associates, LLC et al. — The Atlanta Gleaner