'Phantom of the Fox' gets to keep apartment

Joe Patten, known as the "Phantom of the Fox," has won the right to remain in his apartment at the historic Fox Theatre after a legal battle.

Patten, who's 83, has lived in an 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.

A judge was to decide Wednesday whether to allow Patten to stay while litigation continues, but attorneys reached an agreement that allows him to remain under the terms of his original lease.

Earlier, the board said it had offered Patten a new occupancy agreement but that the theater is not an appropriate setting for assisted living.

Patten's lawyer said Atlanta Landmarks discriminated against Patten based on his physical condition.