Veterans Pkwy. Developers LLC v. RMW Dev. Fund II LLC

The trial court abused its discretion in granting plaintiff an interlocutory injunction preventing defendant from altering certain real property, because plaintiff had no interest in the land at issue and it failed to show that there was not an adequate and complete legal remedy available to it.

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This is an appeal by defendant Veterans Parkway Developers, LLC VPD from an order of the Superior Court of Lumpkin County granting injunctive relief and requiring an accounting in this suit by RMW Development Fund, II, LLC RMW stemming from VPD’s management of Veterans Parkway Apartments, LLC hereinafter the Company.1 The order at issue granted RMW an interlocutory injunction 1 enjoining VPD from using funds in its possession or control to construct a second entrance to an apartment complex in Columbus hereinafter the Property, constructed and managed by the Company, 2 prohibiting VPD from using funds for any purpose other than the normal day-to-day expenses of the Property, and 3 requiring VPD to submit a monthly report of its expenses to the superior court, with copies to counsel for the parties. For the reasons which follow, we reverse.

Both VPD and RMW purport to be Georgia limited liability companies that are in the business of buying, selling, and managing shopping centers, apartments, office buildings, vacant land, and otherwise investing in real and personal properties. On or about November 2009, VPD and RMW formed the Company. According to the Company’s operating agreement, its purpose is to acquire and own the Property; to own, hold, sell, manage, operate, exchange or otherwise dispose of the Property; to cause the Property to be held and managed for the benefit of the Company and its members; to cause the Company to sell, exchange, or otherwise dispose of the Property; and to do all things attendant or incidental to any of the above as the managing member of the Company determines to be necessary or appropriate. Also according to the agreement, VPD is the managing member of the Company and holds a 25 interest, while RMW is an associate member and holds a 75 interest.

Veterans Pkwy. Developers LLC v. RMW Dev. Fund II LLC

The trial court abused its discretion in granting plaintiff an interlocutory injunction preventing defendant from altering certain real property, because plaintiff had no interest in the land at issue and it failed to show that there was not an adequate and complete legal remedy available to it.

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