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BREAKING: Stay Granted in Task Force for Homeless Eviction

(APN) ATLANTA -- The Metro Atlanta Task Force for the Homeless appealed an eviction ordered on Thursday, February 09, 2012, by Fulton County Superior Court Judge Craig Schwall.  The appeal was filed with the Court of Appeals of Georgia, according to a copy obtained by Atlanta Progressive News.

The case does not appear in the Court’s docket because it is an emergency motion, but Clerk Holly Sparrow confirmed by phone that the Court did receive the motion, and that a decision had been faxed to the parties around 4:30pm yesterday.

Steve Hall, attorney for the Task Force, tells APN that he spoke with Clerk Sparrow and learned that the stay that they had sought was in fact granted.  Hall said that the Order, which he is scanning for APN as this article goes to print, states that the Court is granting the stay until it decides on the issues involving whether the Task Force can make a direct appeal to the Court. DEVELOPING...

"This is terrific news. We couldn't have asked for better news," Hall said.

If the Court had not not intervened, the Task Force had been ordered to vacate by tomorrow, Wednesday, February 15; the United Way of Metropolitan Atlanta would then be responsible for transitioning the men currently residing at the shelter into housing.  Anita Beaty told APN they are planning for the worst case scenario.

The appeal asked the Court to accept supersedeas and impose a stay on the dispossessory.

"The February 9, 2012 Order, issued again without an opportunity to present evidence, summarily ejects the Task Force from the Shelter and delivers the property to a private developer that gained its claim to title through tortious conduct and intends to remove all homeless residents,” the appeal states.

"It was issued in a manner that contradicts the most fundamental principles of Georgia law, denies the Task Force's request for a stay pending appeal, and seeks to block a timely appeal. If left standing, it will place a tremendous strain on the community’s resources, create panic and disruption in the homeless and take unique real property from the Task Force,” the appeal states.

The appeal enumerates ten errors it argues that Schwall made in his ruling.

First, that the Order was issued "without proper notice of a final hearing." If the order was a final order, which the Task Force argues it is, the appeal argues that the Court failed to provide notice of a final hearing as required under the due process provisions of the 14th Amendment of Constitution of the US, in addition to the Constitution of Georgia and the Uniform Superior Court Rules.

Second, that the Order, if an interlocutory, or non-final, judgment, was issued inappropriately.  According to the Task Force, Judge Schwall is viewing his ruling as interlocutory, although it it not clear why, seeing as how there do not appear to be any issues left before Schwall to resolve.  The appeal argues that “the Court erred by issuing or dissolving an injunction so as to change the status quo,” citing Hampton Island Founders, LLC v. Liberty Capital, LLC (2008) to argue that “sole purpose of injunction is to maintain the status quo."

Third, that the Order was issued “without an opportunity to present evidence."  Specifically, as previously reported by APN, Steve Hall, attorney for the Task Force, repeatedly asked during the hearing before Schwall to present evidence that the Defendants engaged in an illegal conspiracy to deprive the Task Force of funds.

However, Schwall denied the request, arguing that even if it were true, the Task Force had an “adequate remedy at law," which would be, to take the twenty-four million dollars in damages it expects to receive from its conspiracy claims and to purchase a new building for the Task Force.

This, however, would be impossible for the Task Force due to zoning restrictions enacted to prevent new large shelters from opening in Atlanta; further, according to Hall, case law states that there is no adequate remedy at law for the loss of real property.

Fourth, that the Order was “basing its ruling [sic] its perception that the Task Force was affiliated with Occupy Atlanta and the Task Force's initiation of suit against Emory, as opposed to the relevant facts or merits of the dispute."

The Task Force argues that the Order was “based on the Court’s extra-judicial perception of the Task Force's participation [sic] legal actions that had nothing to do with the merits or the issues." Here, Hall explains that Judge Schwall made numerous statements complaining about the Task Force’s separate lawsuit against Emory University, which, Hall argues, weighed inappropriately into Schwall’s decision to evict the Task Force.

Fifth, that the “Court erred by granting a dispossessory without satisfaction of the formal requirements for such relief.”

Sixth, that the “Court erred by granting a dispossessory without allowing Plaintiff to obtain complete discovery in advance of ruling.”

Seventh, that the “Court erred by making findings of fact that were not supported by evidence in the record, including negative findings about volunteer officers of the Task Force."

For example, Judge Schwall said in Court that Anita Beaty clearly did not care about homeless people and was only interested in power and revenge.

Eighth, that “the Court erred by granting legal relief without considering equity, when the jurisdiction of equity was properly invoked."

Ninth, that the “Court erred in finding that Plaintiff had an adequate remedy at law for loss of real property.”  Here Hall cites Hampton Island, LLC v. HAOP, LLC (2010).

Tenth, that the “Court erred by prohibiting the Task Force from remaining in the building pending appeal."

Additionally, the Task Force argues that the Order was “against all evidence in the record." Indeed, the record shows quite clearly that the conspiracy occurred and that is not in dispute.

The Task Force also argues that the Order was “drafted to inhibit appellate rights."

Further, the Task Force also argues that the Order was issued “without a trial by jury on those issues guaranteed by the Constitution."

This is the second time the Task Force has an appeal before the Court of Appeals of Georgia.

The first time was after Schwall issued a sua sponte order on October 17, 2011, dispossing the Task Force instanter, only days after the Task Force filed a separate suit against Emory.

On October 21, 2011, the Task Force filed an appeal with the Supreme Court of Georgia, who transferred the case to the Court of Appeals.

Among other issues, Schwall was not legally permitted to issue the October 17 order because there was an unresolved Motion to Recuse that Schwall had not addressed that had been filed by Defendant Manny Fialkow.

Schwall attempted to reverse his order, but had lost jurisdiction at that time because the case was then before the Court of Appeals.

On October 25, 2011, the Court of Appeals remanded the case back to Schwall, requiring him to resolve the Motion to Recuse before proceeding.

According to the current appeal, the Court of Appeals specifically said that if it was unsatisfied with Schwall’s resolution to their case, that it could appeal back to the Court of Appeals within seven days; and that is what they did.

(END/2012)


Comments (14)

bastardoutofcalifornia
Said this on 2-14-2012 At 01:25 pm

fantastic news, fantastic article! congrats task force and residents of Peachtree Pine, a little justice for once.

Said this on 2-14-2012 At 03:24 pm

Great news.

Dr. Larry
Said this on 2-15-2012 At 12:10 am

Congratulations on a very thorough and thoughtful appeal.  Now if we can get a thorough and thoughtful judge, this issue can be resolved FOR THE PEOPLE!

Remember, the first 3 words of OUR constitution are WE THE PEOPLE, not we the corporations!!!!!!!!!!!

Jojo
Said this on 2-15-2012 At 01:05 am

Dr. Larry, you're funny.  It's the "corporations" who hate Peachtree Pine?  No, it's any one of the people who is forced to live or work anywhere near it.  Doesn't the chairman of the Board, Bob Cramer, run his "corporation" out in a Buckhead business park?  Why doesn't he move it next door to Peachtree Pine?  HYPOCRITE!!!  

Boubacar Sarr
Said this on 2-15-2012 At 03:18 pm

Great news.May they stay forever!!! That place has helped a lot of people get back on their feet including myself.Never mind the heartless posts here.

Jojo
Said this on 2-15-2012 At 08:31 pm

Why didn't B Wardlaw pay off the debts of the Task Force?  Why doesn't he pay the electric bill and the water bill?  Is he not wealthy still?  Or does he just want to give enough to feel better than everyone else while he enjoys the good life (far away from Peachtree Pine).

Said this on 4-21-2012 At 07:24 pm
My farther made me the benificary of inman hills apartment llc and sussex propertiess llc a division of south trust bank and nationsbank na , the grimes& morgan companies inc .thomas ellison and michael thomas , walter wiliiams and williams family companies owned by my family , my dad wrote the trust in 1998 in geogia under first citizen trust bank of south carolina , and north carolina , my trustee has watch me almost get killed a million times sense my father been dead , and have not gave me 1 cent from the trust , now they me in evition court wanting to throw me out on the street from the property owned by the trust . All the names above are the companies names etc .and I am the sole benificary of those name and the companies both . The other day I told a guy who live in the apartment complex where they a threw me out at , I said man by grand dad was jpmorgan , and he ownes this building , and I'm a benificary to the stuff , and the man reply back u a mental case and u aren't jpmorgan grand son and you or ya family don't own nothing , and the man went in his house and got a baseball bat , and said ill kill u with this thing, and I said wow , my trustee are missing out on a lot of stuff they are rich and I am poor with no help .my trustee want me dead so they can take the property in the trust . Can they evit me off the company property if the agent told me I own the building ? Because at 1st I had the trustee arrestted and got a police report , I handed kim and brian of intown living properties ltd a copy of the police report and ask them what the lady took , they said she took jpmorgan corp chicago and this building I'm living in and the company sussex properties llc , come to find out its not stolen its in a blind express trust irrovocable trust where I'm I have no right to nothing , so here the thing , why did the court give me a false rereport , and I found out what I had because of the false police report . I gave the report to kim and brian , they thought its was fraud and I did too , but out of the blue they said it was a blind trust , fulton county made the arrest on gloria jean mayes . But any way now they want me to hit the street , with no where to live 4-26-2012 sussex properties llc I own by benificary and nationsbank na same thing . I don't no when the trust end they want give eme a copy of the trust .it just looks bad and looks like fraud to me I was 23 of age when my father passed now I'm 36 of age , I'm too old for a trustee 1st of all .is all of this right can they do this , do I have, benificary tanunt right ? Equitable rights ? Quit tittle right , with out paperwork to see I don't no what nothing is . Rent office number too sussex properties 4046077070 kim or jill pryor . Its say a benificary have 100% right to the property own by the trust , but from the look of it I have no right to nothing .
Said this on 4-24-2012 At 06:57 pm

ok mr u saying the trust or the adminstration of the trust , well a corp trust , has set out to evit u from the corp property owned by the trust , and they are saying that u dont have equitable right to the property of the trust , if so , that is super hi fraud , any benificary has legal equitable title and equitable interest ,and the trust , well a corp trust or personal trust is draw up for a benificary , and the trustee work for the benificary , as lien holder , u saying the trustee want show the trust or give u a copy of the trust to view what u own on the trust , and to view the release date of the trust to u as full owner ? i hope u no , u wouldnt no what u own or when u soppose to get it if they are running a blind trick to the trust , im a have a word with the da office to see if all of that in ya text blog , is real , because if so ,they cant evit u , u have all the right to the trust property , u the owner , of the trust and it property , if anything that all civil , that not a case of evition or fraud , that is a sign in that trust the trust is out of pocket , i wonder how many more trust , are going , blind like this case well the cases  above . i see why the protest are going now . what is the world coming to when the trustee try evit the benificary . fulton county lol .

Said this on 4-24-2012 At 07:09 pm

if the benificary is a corp benificary , and they want to evit him , this  a sign their a overload of evil running those bank corp , and the goverment need to shut them down . the adminstration of those bank corp could be forcloseing people and eviting people for the fun of it cause they have the power to do so . its look like their a fact to all of this from the blog above , nobody can make up a story like that ,my advice to the trustee are , give the corp benificary his right to his property , by first of all a copy of the trust . common sense will take place after that .

Said this on 4-27-2012 At 03:16 pm

i follow the case of the owner of sussex properties llc inman hill aprartment and sharon lee apartments llc , they evited the benificary owner , he didnt have any right to his own property . people its must be fraud , the judges are taking human right away from them in these court of laws , starting with the owner of the bank of america and itialy nationsbank na , so u have mers corp , doing robot signing and , and its says no robot or robo signing on a benificary , so we have a benificary with no rights and we have a benificary , who has , been robo sign as well .like i said what is the world coming to ,benificary of the company above didnt get the right to a appeal nether . if he s poor how can he pay for a appeal . 

Said this on 4-27-2012 At 06:54 pm

that low down common sense need to be givin to some of the people in this world , but when a judge evit the owner of his own company assets , that just rite out low down hate . the lady told the judge she gave me a fasley lease , she told the judge she gave me , a notice out of her own month , she look up the property address under sussex properties and saw it was own by me with a nother company name jpmorgan with it ,the judge said why u give the man a lease if u new he own the property , she said i just did , isent that fraud . ive been hi jacked for my trust and evited off my own property 4-26-2012 2pm, by a evition judge ,i should him the tax record with my name on it as a owner , he still evited me cause i didnt have a copy of the trust , which the trustee will not give me for some reason . fraud benificary fraud . inhertance mistreatment , my father my as well gave the stuff to them i have nothing . low low low stuff . then he said if she wouldnt have gave me a lease she couldnt have evited me rite , but on the lease its says my name and the company name and i sign owner . she new it , i own it and the judge new i own it and he evited me illegally ,which i evition fraud , and he set me for a 2000 appeal bond , he made sue i didnt get my property , i cant pay no bond that hi ,and i cant pay nothing because the trust has everything and want give me nothing . planiff was intown living ltd .

Said this on 4-29-2012 At 04:06 am

i cant belive what i heard threw the great vines about the benificary of sussex properties llc and inman hill apartment of nationsbank , they said the lady refer to as kim johnson out of intown l t d . a property collection agency , told the evition judge she , she had a good view , the man was the benificary of the property , and a lady showed her a deed , that didnt come back to view , which mean that man , was the owner , and the judge set out to evit a owner , a own owner off of his own property by may 4 8am from a evition case call on ,april 26 2012, 2pm . their no way that judge can do that , evit a person from their own property , if they are a co owner or owner . from the sounds of it , those to lady who making cliam on sussex and inman hills , are fraud . fulton  county , stand up for this vitim he has days before the marshal put him out on the street from a fraudulent evition . they even said she gave him a lease to defraud him to pay her rent , and she new like she said he was the owner . she owe him back pay and the deed to that property .and she better hurry and canl the evition case , get it dismissed before , the benificary file fraud charges . because that common sense , he has been robbed for his inhertance property or properties . mr hall u need to take this case , that guy need help both way , civil and fraud , the trust or trustee are robbing that man up top .

Said this on 4-30-2012 At 08:45 am

May Day Atlanta
http://www.maydayatlanta.org
May 1 - 10am - 8pm - Robert W. Woodruff Park, ATL, GA - Anarchist Festival + March
March starts at 10:30 am from Woodruff Park, and goes 7 blocks west on Auburn to Amphitheater, and I assume 7 blocks back to the park. Live band, food, *free stuff* fair, workshops.

May Day Atlanta


http://www.maydayatlanta.org


May 1 - 10am - 8pm - Robert W. Woodruff Park, ATL, GA - Anarchist Festival + March


March starts at 10:30 am from Woodruff Park, and goes 7 blocks west on Auburn to Amphitheater, and I assume 7 blocks back to the park. Live band, food, *free stuff* fair, workshops.

Said this on 6-5-2012 At 02:29 am

the hold world been bought off buy the devil and forgetting god has the power to end the hold world . why would a judge evit or give a writ of poss to a person name that is not on file as a owner then , writ of poss a real owner that is stupid .no wonder everybody loseing their homes , stupid people in a place are giving away your home . stupid people running bank for sure .

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