Noble Parking, Inc. v. Centergy One Associates, LLC

Boggs, Judge.

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 The court ruled that as matter of law, Noble’s legal nonconforming (“grandfathered”) use of its property was superseded by a permitted use, and that in any event, Noble’s claim to the contrary was barred by its failure to exhaust administrative remedies.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.

*456“In reviewing an order granting a motion for…