Akhalgori is a part of South Ossetia.
http://content.answers.com/main/content/wp/en/f/f6/SouthOssetia_region_detailed_map.JPG
Since the Russians have recognized the South Ossetia breakaway status, they feel this gives them cover to be at the Akhalgori heights.
“Hey, we’re not in Georgia, we’re in South Ossetia!”
It's also much farther away than 10 miles, or 20 km, from Tblisi. The town of Akhalgori and the Akhalgori Heights are not the same thing, even though they are near each other. Any more thant the San Gabriel Mountains and the city of San Gabriel California are.