Magnolia Court Apartments Inc. v. City of Atlanta

Plaintiff failed to file the hearing transcript and did not cite the record or case law in its 5-sentence appellate brief.

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In this case involving the allegedly wrongful condemnation and demolition of apartment buildings found unfit for human habitation, Magnolia Court Apartments, Inc. appeals the dismissal with prejudice of its case for money damages against the City of Atlanta and Dale S. Haygood, Chief Demolition Officer of the City of Atlanta. Magnolia contends that the trial court erred by finding that 1 ante litem notice was required before suit could be filed against the City and 2 there was no evidence that Haygood, who was sued in her official capacity, acted with wilfulness, malice, or corruption. Magnolia instructed the clerk of the court to specifically exclude the transcript of the trial court’s hearing on these issues from our review. Magnolia has otherwise failed to support its enumerations of error with citations to the record and case law in the five-sentence brief which it filed. We therefore affirm.

Since there is no transcript of the hearing, we are left with the pleadings, orders, and briefs of the parties. While not proper evidence, they reflect that on May 25, 1995, the City’s In Rem Review Board issued an order to demolish the apartments unless they were repaired and made habitable within 60 days. On June 2, 1995, Magnolia filed a complaint against the City and Haygood, requesting 1 a temporary or permanent injunction against the demolition and 2 compensation of one million dollars for the pending demolition. Magnolia, however, did not request a hearing on its complaint, and demolition began, per the In Rem Board’s order, on August 2, 1995. Magnolia then moved for a hearing on its injunction, and the City agreed to a voluntary ten-day temporary injunction from August 10 to August 20, 1995. On August 20, 1995, the City resumed its demolition of the apartments until they had been completely razed to the ground. Magnolia again moved the trial court to consider its request for an injunction, and, on January 17, 1996, the trial court found such request to be moot because the apartments had already been demolished.

Magnolia Court Apartments Inc. v. City of Atlanta

Plaintiff failed to file the hearing transcript and did not cite the record or case law in its 5-sentence appellate brief.

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