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Holmes v. Achor Ctr. Inc.

Plaintiff's suit for malicious prosecution raised jury questions as to whether his arrests for simple assault, aggravated stalking and criminal trespass were based on false accusations.

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This is the latest manifestation of an ongoing dispute involving Kenneth R. Holmes, Achor Center, and the United Baptist Church UBC, relating to the use of certain property owned by Achor.1 In this case, Holmes sued Achor, asserting four separate counts of malicious prosecution. Count one relates to his arrest on June 11, 1993 for simple assault; count two relates to his June 14, 1994 arrest for criminal trespass; count three relates to his June 30, 1994 arrest for aggravated stalking; and count four relates to his June 30, 1994 arrest for criminal trespass. The trial court granted summary judgment to Achor Center on counts two and four on February 18, 1998,and on the remaining two claims on July 28, 1999. For reasons discussed below, we affirm the grant of summary judgment as to count two, but reverse the trial court’s rulings on the remaining counts.

Many of the background facts regarding this dispute can be found in the various opinions issued by this Court or the Supreme Court.2 Achor is a nonprofit organization that provides shelter and training to homeless and destitute women and children. In 1989, Achor purchased certain real estate from the Christian Coalition of Metropolitan Atlanta CCMA, which had previously purchased the property from UBC. At the time of Achor’s purchase, the property was subject to a “joint-use” agreement between CCMA and UBC. The agreement, which continued after Achor purchased the real estate, gave UBC the right to conduct religious services on a portion of the property.3

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