Thanks for visiting! Welcome to a new way to research case law. You are viewing a free summary from Descrybe.ai. For citation and good law / bad law checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.
Brown Investment Group, LLC v. Mayor of Savannah
Citations: 695 S.E.2d 331; 303 Ga. App. 885; 2010 Fulton County D. Rep. 1576; 2010 Ga. App. LEXIS 428Docket: A10A0311
Court: Court of Appeals of Georgia; May 5, 2010; Georgia; State Appellate Court
Brown Investment Group, LLC purchased real property in Savannah at a tax sale on August 1, 2006, acquiring a tax deed. The City of Savannah deemed a dilapidated building on the property unsafe and demolished it on July 25, 2007, before the 12-month statutory right of redemption expired for the original property owners. Brown Investment sued the City for trespass and for the value of the demolished building, alleging illegal demolition without prior notice. In response, the City sought summary judgment, arguing that Brown Investment lacked standing because it did not hold legal title at the time of demolition. The court affirmed the City's motion, stating that to sue for trespass or injury to real property, the plaintiff must demonstrate legal ownership or possession at the time of the incident. The court highlighted that Brown Investment's tax deed conferred only an inchoate title, subject to the previous owners' right to redeem the property, which remained intact when the demolition occurred. The defendants retained their legal title and the right to redeem, thus possessing the standing to potentially recover damages for the demolition. The court also noted that even if Brown Investment later acquired legal title by foreclosing the right of redemption, it could not retroactively claim damages for trespass that occurred prior to obtaining legal ownership. Brown Investment lacks standing to pursue recovery for trespass and property damage that occurred while it had no legal title or right of possession. The trial court correctly granted summary judgment in favor of the City and denied Brown Investment's motion for summary judgment, leading to an affirmed judgment. The complaint, filed on May 22, 2008, claimed that Brown Investment obtained legal title through an August 1, 2006 tax deed and completed foreclosure on the right of redemption in April 2008. Although the tax deed provided a defeasible fee, granting Brown Investment sufficient interest to necessitate notification from the City regarding demolition, it did not confer standing for recovery of damages. Additionally, the defeasible fee conferred an insurable interest in the property. Relevant case law includes Nat. Tax Funding v. Harpagon Co., Croft v. Fairfield Plantation Property Owners Assn., and Aetna Ins. Co. v. Foster.