Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

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.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

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

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Southeastern Legal Awards 2025
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Go to Events Go to Webcasts
BUSINESS LITIGATION ATTORNEY -- HARTFORD, CT

McCarter & English, LLP is actively seeking a litigation associate for its office located in Hartford, CT. One to three years of experie...


Apply Now ›
Associate Litigator

Borteck & Czapek, P.C., based in Florham Park, is a boutique estates and trusts law firm specializing in estate planning and administrat...


Apply Now ›
Gwinnett County: State Court Staff Attorney

Gwinnett County State Court is seeking an attorney to assist the Judge by conducting a variety of legal research, analysis, and document pre...


Apply Now ›
Go to Lawjobs