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Unified Government of Athens-Clarke County v. Stiles Apartments, Inc.

Supreme Court of Georgia

October 6, 2014

UNIFIED GOVERNMENT OF ATHENS-CLARKE COUNTY
v.
STILES APARTMENTS, INC

Page 404

Equity. Clarke Superior Court. Before Judge McWhorter, Senior Judge.

Carothers & Mitchell, Thomas M. Mitchell, for appellant.

Barry L. Fitzpatrick, Regina M. Quick, for appellee.

BENHAM, Justice. All the Justices concur.

OPINION

Page 405

Benham, Justice.

Appellee Stiles Apartments, Inc. filed an action for temporary and permanent injunctive relief against appellant the Unified Government of Athens-Clarke County regarding a parking area located on its property in the busy Five Points shopping district in Athens. In 1954, appellee and appellant's predecessor City of Athens entered into the following contractual agreement:

That whereas, [Stiles Apartments] is the owner of certain lands in the City of Athens, Clarke County, Georgia, located on the westerly side of South Lumpkin Street, on which lands are located apartment houses known as Henrietta Apartments and Milledge Park Apartments;
And whereas it is desired by both parties to this agreement that the area of land lying between the westerly side of Lumpkin Street and Henrietta Apartments be made available for parking of vehicles in order to relieve traffic congestion along South Lumpkin Street;
And whereas, in order to so use this area it will be necessary to remove and relocate the sidewalk along the westerly side of Lumpkin Street, and to lower the curb along said street;
And whereas [Stiles Apartments] is agreeable to the use of the land above referred to for the purpose herein specified, but desires to retain title to that area, and to provide for its use so as not to give to the general public any vested rights therein as a public street, or part thereof.
Now therefore, for and in consideration of the mutual agreements and undertakings herein set out, it is agreed between the parties hereto as follows:
(1) That the area of land lying between Henrietta Apartments and the westerly side of South Lumpkin Street be developed into a paved parking area in accordance with plans prepared by Mr. J. G. Beacham, City Engineer, including the re-location of [the] sidewalk as shown on said plans, the construction work on ...

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