289 Ga. 67
Ga.2011Background
- Brown Investment Group, LLC obtained a tax deed to Savannah property on Aug 1, 2006.
- City of Savannah demolished a vacant building on July 25, 2007, after deeming it unsafe.
- Brown sued the City for the full value of the destroyed building, alleging lack of notice before demolition.
- Trial court granted summary judgment to the City, finding Brown had no standing to seek damages.
- Court of Appeals affirmed, holding Brown had not yet legally acquired title or possession within the 12‑month redemption period to support trespass claims.
- Supreme Court granted certiorari to review the standing issue and related title/possession questions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Brown had standing to sue for trespass during redemption | Brown contends a defeasible title and insurable interest give standing. | City argues Brown lacked legal title or possession during the redemption period. | No; Brown lacked standing during redemption. |
| Whether a tax deed purchaser may recover full value of improvements before redemption ends | Brown seeks full value of the demolished building. | Purchaser cannot recover full value until redemption period ends. | Purchaser cannot recover full value during redemption. |
| What remedies exist during the redemption period for threats to property value | Equitable or case remedies may restrain demolition. | Only limited remedies apply. | During redemption, equitable remedies may exist, but not full damages; case/remote remedies may apply. |
| Role of notice and insurable interest in permitting claims | Brown's notice rights and insurable interest affect rights. | These do not vest ownership or possession to support trespass damages. | Brown had insurable interest and notice rights but not standing for full damages. |
| Relation of common-law actions to this scenario | Common-law action on the case may address damages. | Not applicable for telegraphed trespass without possession. | Common-law actions may address limited damages during redemption. |
Key Cases Cited
- Coffin v. Barbaree, 214 Ga. 149 (1958) (essential for ownership/possession requirement in trespass actions)
- Whitaker Acres v. Schrenk, 170 Ga.App. 238 (1984) (trespass requires ownership or possession; discusses redemption period effects)
- Bennett v. Southern Pine Co., 123 Ga. 618 (1905) (title is defeasible; possession during redemption governs rights)
- National Tax Funding v. Harpagon Co., 277 Ga. 41 (2003) (tax deed purchaser has no possession until redemption ends; limited rights)
- McDonald v. Wimpy, 206 Ga. 270 (1949) (possession and rights during redemption period)