Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Star Residential, LLC et al. v. Hernandez

An injured party does not have a private cause of action for nuisance against an apartment complex under the Georgia Street Gang terrorism Prevention Act.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Doyle, Presiding Judge. In Star Residential, LLC v. Hernandez (“Hernandez I“),[1] this Court addressed an interlocutory appeal by Star Residential, LLC, and Terraces at Brookhaven, LLC (“the Defendants”), challenging the trial court’s denial of their motion to dismiss claims brought by Manuel Hernandez for nuisance predicated on the Georgia Street Gang Terrorism and Prevention Act[2] (“GSGTPA”)[3] and negligence per se based on alleged code violations. In that case, this Court affirmed the trial court’s denial of the Defendants’ motion to dismiss those claims.[4] The Supreme Court of Georgia granted the Defendants’ petition for certiorari to examine this Court’s holding with respect to the civil liability provision of the GSGTPA.[5] The Supreme Court reversed this Court’s judgment, ruling that the GSGTPA does not create a private cause of action for nuisance and that Hernandez cannot pursue a private cause of action against the Defendants for treble and punitive damages under OCGA § 16-15-7 (c) based on the facts alleged in his complaint. Accordingly, the Supreme Court reversed this Court’s judgment as to those issues.[6] We hereby vacate Division 1 of our earlier opinion and remand to the trial court for proceedings consistent with this opinion. Judgment affirmed in part and reversed in part. Markle, J., and Senior Appellate Judge Phipps concur.

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
Elite Trial Lawyers 2024
July 11, 2024
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
Go to Events Go to Webcasts
Insurance Coverage Litigation Attorney - New York

Cullen and Dykman is seeking an associate attorney with a minimum of 5+ years in insurance coverage experience as well as risk transfer and ...


Apply Now ›
INSURANCE COVERAGE ASSOCIATE

McCarter & English, LLP is actively seeking a midlevel insurance coverage associate for its Newark, NJ and/or Philadelphia, PA offices. ...


Apply Now ›
BANKRUPTCY & COMMERCIAL LITIGATION ASSOCIATE

McCarter & English, LLP, a well established and growing law firm, is actively seeking a talented and driven associate having 2-5 years o...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements