Harold Melton, former chief justice, Supreme Court of Georgia, now of Troutman Pepper. (Photo: John Disney/ALM) A 'Matter of Life and Death': Court of Appeals Set to Decide Constitutionality of Ex Parte Receivership Order for High Crime Apartment Complex
"To cope with rising crime and critically low law enforcement capacity, the County has made the outrageous decision to sue property owners, placing the primary law enforcement responsibility on them," the defendant-appellants wrote in their briefs.
April 01, 2024 at 04:59 PM
5 minute read
What You Need to Know
- Macon-Bibb County asked a court to appoint a receiver for a high-crime apartment complex ex parte in a move rarely, if ever, seen in Georgia.
- Now, the apartment complex argues that, in doing so, its due process rights were violated and it is being expected to take on the county's burden of law enforcement.
- The plaintiff-appellees, however, argue that appointing a receiver is the best way to work toward necessary change while avoiding a housing crisis.
Former Chief Justice Harold Melton predicted premises liability would be a hot topic in Georgia's legal landscape in 2024. Now, he has a case adjacent to the issue, pending before the Georgia Court of Appeals in a dispute his client's briefs argue is part of Macon-Bibb County's "misdirected campaign to blame business owners for rising crime."
Melton and a team of Troutman Pepper and Caplan Cobb attorneys represent a Section 8 housing community in central Georgia fighting a public nuisance complaint that "required Appellants to 'immediately surrender complete control' of the Property." The townhome complex now argues this violated its rights to due process and that it could only be held liable for third-party criminal activities if it failed to take security measures to prevent them.
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