In 1954, Appellee Stiles Apartments and the City of Athens, predecessor to Appellant Unified Government of Athens-Clarke County ACC, entered into an agreement concerning the creation of a parking area and new sidewalk on the western side of South Lumpkin Street in Athens, Georgia. The purpose of the agreement was to relieve traffic congestion due to cars parking parallel to the raised sidewalk along South Lumpkin Street. With Stiles Apartments paying all of the costs of construction, the public sidewalk was relocated onto its private property, and a parking lot was created that contained approximately 22 spaces. About two-thirds of each space lies on land owned in fee simple by Stiles Apartments, and the other third of each space lies on public land. As specifically provided in the agreement, at least every seven years, Stiles Apartments temporarily closes the parking area to public access in order to prevent the public from obtaining prescriptive rights to that portion of the property that Stiles Apartments owns in fee simple. The agreement provides that the parking spaces and sidewalk will be maintained by ACC as if they are part of the public street system. Since 2003, the commercial tenants of Stiles Apartments have complained about non-customers using the parking area, including leaving cars for days. Stiles Apartments attempted to tow such vehicles, but were forced to stop when its president, Barry Stiles, was threatened with arrest by the county attorney, William C. Berryman. Berryman takes the position that the parking area was created for the use of the public, not just Stiles’ tenants, and thus Stiles Apartments does not have the authority to control who can and cannot park in the parking area. After losing several tenants due in part to the parking problems, Stiles Apartments filed suit on December 27, 2010 asserting ownership over the parking area and seeking interlocutory and permanent injunctive relief to prohibit ACC from exercising any control over the parking area. ACC counterclaimed for declaratory judgment, ejectment, and breach of contract. After a hearing held on April 15, 2011, the trial court issued an order on May 24, 2011 granting the request for injunctive relief against ACC’s efforts to assert ownership or control over the parking area but denying a request to enjoin ACC from arresting Mr. Stiles for towing vehicles from the parking area. ACC appeals from that order.
1. “The grant or denial of an interlocutory injunction will not be interfered with by this Court in the absence of a manifest abuse of discretion. Cit.” Hampton Island Founders v. Liberty Capital , 283 Ga. 289, 292 1 658 SE2d 619 2008. ” ‘The sole purpose for granting interlocutory injunctions is to preserve the status quo of the parties pending a final adjudication of the case. Cit.’ Cit.” Bailey v. Buck , 266 Ga. 405-406 1 467 SE2d 554 1996. In the present case, the question that awaits a final adjudication is whether the parties to the 1954 agreement intended to create or reserve public property rights in the land owned by Stiles Apartments, thereby giving the authority to control who can or cannot use the parking area to ACC.
