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Noble Parking Inc. v. Centergy One Assocs. LLC

The appellant's legal nonconforming use of its property was not superseded by a permitted use, since the applicable Code section provides that such supersedure is permissible only by additional special permits and no such permit was issued.

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Noble Parking, Inc. “Noble” appeals from the trial court’s grant of summary judgment in favor of the City of Atlanta, and its grant of partial summary judgment in favor of Centergy One Associates, LLC, and Tuff Parking. The court ruled that as matter of law, Noble’s legal nonconforming “grandfathered” use of its property was superseded by a permitted use, and that in any event, Noble’s claim to the contrary was barred by its failure to exhaust administrative remedies. Because the trial court erred in both respects, we reverse.

“In reviewing an order granting a motion for summary judgment, we view the evidence in the record and make all reasonable inferences from it in the light most favorable to the non-moving party and decide de novo whether the grant of summary judgment was appropriate.” Citations omitted. Mtg. Alliance Corp. v. Pickens County, 294 Ga. 212, 213 1 751 SE2d 51 2013. The record reveals that, beginning in June 2010, Noble operated a surface park-for-hire parking lot in Atlanta on property owned by Centergy North not a party to this action and a separate entity from Centergy One Associates, LLC, and adjacent to property owned by Tuff. Centergy One Associates, LLC “Centergy” owns property adjacent to a parking deck owned by Tuff and “master leases certain parking rights in the deck on the Tuff property.”

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