ATLANTA — Joe Patten, known as the "Phantom of the Fox," will be allowed to stay in his apartment above the historic Fox Theatre, for now.
Channel 2's Kerry Kavanaugh was at the downtown court where Patten was fighting to keep his apartment in the Fox. Attorneys reached a deal before a hearing asking for an injunction to allow Patten to stay in his residence.
Patten, 83, has lived in the apartment in the Fox since 1979, when he signed a lifelong lease. The board of trustees of the nonprofit Atlanta Landmarks in August voted to terminate that lease.
RAW VIDEO: 'Phantom Of The Fox' Discusses Fight For Apt. WATCH: Fox 'Phantom' Gets To Keep Apt.
The board said it offered Patten a new occupancy agreement but that the theater is not an appropriate setting for assisted living. Patten's lawyer countered that Atlanta Landmarks is violating the law by discriminating against Patten based on his physical condition.
The deal allows Patten to stay in the apartment while litigation continues. Otherwise, he would have had to leave by Dec. 1.
"I'm so glad we had the opportunity of winning what we did," Patten told Kavanaugh.
Fox spokeswoman Kirsten Delaney said the theatre and Patten are in talks about security and management in and around the apartment.
"It has and continues to be the intent of Atlanta Landmarks to allow Mr. Patten to live in the apartment as long as he is able ... We hope that today's proceedings will lead to a mutually beneficial resolution, which has always been our desire," said Delaney.