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S. S. Air Inc. v. City of Vidalia

The city was entitled to seek possession of its land and to require that its tenants at will remove an aircraft hangar that was installed on the city's property.

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Aileen Nobles and S. S. Air, Inc. “S. S. Air” hold ownership interests in an aircraft hangar that was installed on real property owned by the City of Vidalia the “City”. Following a hearing, the Superior Court of Toombs County entered an order allowing the City to remove the hangar from its property at appellants’ expense. S. S. Air and Nobles appeal, contending that this ruling was erroneous. We discern no error and affirm. The relevant evidence reveals that the City allowed Piggly Wiggly Southern, Inc., “Piggly Wiggly” to build an aircraft hangar on City property that was being used for an airport. Nobles purchased the hangar from Piggly Wiggly, and in 1998 entered into a lease-purchase agreement with S. S. Air. S. S. Air used the hangar to store airplanes, boats, light fixtures, and office equipment; and it has charged rental fees to others whom it has allowed to use the hangar. The hangar is bolted to a concrete slab, allowing for its disassembly, removal, and reassembly elsewhere.

No formal lease agreement exists between the City, S. S. Air, and Nobles that requires them to pay rent to the City for allowing them to maintain their hanger on City property. No one has paid rent to the City in connection with the hanger since 2001.

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