Emmet Bondurant Helps Atlanta's "Phantom of the Fox"

E-Lit. client and perennial "Georgia's Top Attorney" winner Emmet Bondurant has secured a reprieve for another Atlanta icon, long-time Fox theater resident Joe Patten. Mr. Patten, also know as the "Phantom of the Fox," has been living in an apartment inside Atlanta's historic Fox theater for 30 years; and was a driving force behind the "Save the Fox" campaign to prevent the Atlanta landmark from being torn down.

Mr. Bondurant and attorneys representing the Fox theater reached an agreement to reinstate the lease that the theater board terminated in August, citing Mr. Patten's advancing age and concerns that he would be unable to get around the multi-level apartment.

Fulton County Superior Court Judge Jerry Baxter said "There will be no action to try to get him to leave; that's been agreed to by both sides." The judge added that the parties were working to reach an agreement, and that he hoped such an agreement would be reached.

Mr. Patten signed a lease in 1979 enabling him to live rent-free in the apartment for life. In August, the board of Atlanta Landmarks voted to terminate his lease and replace the "for life" provision with a provision granting him the right to live in the apartment "until he is able."

“No reasonable person would expect Mr. Patten to agree to those terms, and no person in Mr. Patten’s position would find them acceptable,” said Mr. Bondurant, prior to the new tentative agreement. Mr. Bondurant cautioned against any premature claims of victory; but said that the original lease stands for now, and that he would pursue a permanent injunction if the board tried to terminate the lease again.