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Garden Hills Civic Assoc. Inc. v. Metropolitan Atlanta Rapid Transit Auth.

Civic association's motion for an interlocutory injunction to prevent MARTA from implementing a land development agreement is denied.

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The dispute in this case arises from the proposed development of the 47 acres of land surrounding the Metropolitan Atlanta Rapid Transit Authority MARTA Lindbergh Station. MARTA initiated the project by issuing a Request For Proposal RFP, which solicited plans from prospective developers. The RFP did not include the submission of bids as a criterion for selection and did not express MARTA’s intention to dispose of the property. Instead, MARTA noted its preference for a ground lease, but its willingness to consider other business arrangements. Although the RFP did not state that MARTA would make any capital contribution, MARTA subsequently committed $ 40 million of its funds toward improvement of the property. The size of the development, including the density, was left open for negotiation. Two developers submitted proposals and, after negotiations, MARTA selected Carter & Associates Carter. Appellants oppose the project and brought suit to prevent MARTA from implementing its agreement with Carter. After conducting a hearing, the trial court denied Appellants’ motion for an interlocutory injunction, and they appeal from that ruling.

1. The trial court based its denial of injunctive relief upon several findings, one of which was Appellants’ failure to show “a substantial likelihood that they will succeed on the merits of their claims.” Appellants urge that the trial court erred in requiring that they make such a showing as a prerequisite to obtaining a preliminary injunction.

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