American Mgmt. Servs. E. Inc. v. Fort Benning Family Communities LLC

The trial court did not abuse its discretion in lifting the restriction in its earlier injunction prohibiting a property owner from removing a property management company as the manager of privatized military housing in Fort Benning.

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American Management Services East LLC and American Management Services LLC collectively “Pinnacle” appeal from the order of the trial court lifting the restriction in an earlier injunction that had prohibited Fort Belvoir Residential Communities hereinafter “FBRC” from removing Pinnacle as the property manager at the Fort Belvoir facility.1 On appeal, Pinnacle contends that the trial court deprived it of its due process rights by denying it a meaningful opportunity to be heard, abused its discretion in dissolving the restriction despite evidence showing that Pinnacle would suffer irreparable harm, and erred in accepting an erroneous construction of the Belvoir Property Management Agreement “PMA”. Upon our review, we affirm.

The facts relevant to this appeal demonstrate that Pinnacle is the property manager for privatized military housing in Fort Belvoir, Virginia and Fort Benning, Georgia. FBRC owns the Fort Belvoir property and Fort Benning Family Communities, LLC hereinafter “FBFC”, owns the Fort Benning property. Pinnacle entered into property management agreements with FBRC and FBFC. On May 20, 2010, FBRC and FBFC filed a complaint in Muscogee County Superior Court seeking a declaratory judgment that Pinnacle’s property management agreements with FBRC and FBFC had automatically terminated for cause because of Pinnacle’s alleged misconduct at the Fort Benning property. The complaint also alleged breach of fiduciary duty, fraud, conspiracy to commit fraud, and unjust enrichment, and sought an accounting. The plaintiffs later amended the complaint to allege additional acts of fraud and other misconduct at Fort Benning as well.

American Mgmt. Servs. E. Inc. v. Fort Benning Family Communities LLC

The trial court did not abuse its discretion in lifting the restriction in its earlier injunction prohibiting a property owner from removing a property management company as the manager of privatized military housing in Fort Benning.

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