What You Need to Know
- A Georgia Court of Appeals panel was highly critical of an appellee county government that appointed an ex parte receiver over an apartment complex for having a high crime rate.
- Key questions in the case included the roles of local governments and businesses in preventing crime and what the parties could have done differently.
- Meanwhile, the appellee apartment complex argued that allowing the county to appoint ex parte receiverships would set a dangerous precedent.
The Georgia Court of Appeals came out swinging with a scathing line of questioning on Wednesday when it was faced with the question of whether a county government can take over an apartment complex because of third-party criminal activity.
“I am absolutely stunned that [Macon-Bibb County] Thought [they] can take someone’s business away, remove control of it, you don’t contact them, you don’t give them a chance to remediate the problems, you acknowledge that crime was bad ahead of time and you just rush to a judge and install a receiver to take over someone’s business with no due process,” Presiding Judge Stephen Dillard said.
Presiding Judge Stephen Dillard of the Georgia Court of Appeals. (Courtesy photo)
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