Lewis v. City of Savannah
336 Ga. App. 126
| Ga. Ct. App. | 2016Background
- Isaac Lewis operated multiple rooming houses in Savannah and received repeated city code violation notices.
- In 2010 the Recorder’s Court entered an order as part of a code enforcement action regarding 2514 Whitaker St., requiring repairs, permits, restitution, and a $1,000 fine; the docket later shows the 2010 case was marked “Dismissed.”
- In 2013 the City filed consolidated enforcement actions against Lewis for code violations at 20 different properties (not the Whitaker Street property). The City argued Lewis also violated the 2010 cease-and-desist order and sought an additional $1,000 fine and incarceration.
- After a three-day evidentiary hearing, the Recorder’s Court found Lewis violated the Savannah Code and the 2010 Order, imposed $73,050 in fines (including $1,000 for the 2010 Order), and sentenced him to 8.5 months in jail.
- The Superior Court affirmed on certiorari; Lewis appealed to the Court of Appeals.
Issues
| Issue | Plaintiff's Argument (Lewis) | Defendant's Argument (City) | Held |
|---|---|---|---|
| Whether Lewis could be held in contempt/enforced against for violating the 2010 Order when the 2010 case had been dismissed | The 2010 case was dismissed; thus the Order was no longer enforceable and contempt finding was improper | The 2010 Order remained "intact" despite dismissal; alternatively the case was only administratively closed | Court: Dismissal divested jurisdiction; recorder’s court lacked authority to enforce the 2010 Order or find contempt; reversed as to the $1,000 fine and contempt finding; sentence remanded for resentencing |
| Whether City was required to give Lewis a pre-suit reasonable opportunity to correct code violations under OCGA §36-74-23 and whether due process was violated | City failed to afford a reasonable opportunity before filing enforcement actions; therefore sanctions improper | Violations were repeat violations and/or posed a serious threat to public health, safety, and welfare, so no pre-suit cure period was required; Lewis received notice and a full hearing | Court: Affirmed. Even if repeat-violation finding were unsettled, the alternative ground (serious threat to health/safety) justified no pre-suit cure; due process satisfied by notice and full hearing |
Key Cases Cited
- Montgomery v. Morris, 322 Ga. App. 558 (contempt/enforcement unavailable after unqualified dismissal)
- Gallagher v. Fiderion Group, LLC, 300 Ga. App. 434 (dismissing a case divests court of jurisdiction to enforce prior orders)
- Cotton v. Surrency, 277 Ga. App. 158 (post-dismissal orders are nullities)
- Knapp v. Cross, 279 Ga. App. 632 (cannot be held in contempt for violating an order no longer in effect)
- Pitts v. State, 293 Ga. 511 (due process requires fair warning in quasi-criminal contexts)
- Ray v. Hartwell R. Co., 289 Ga. 452 (alternative-ground affirmance principles)
- LabMD v. Admiral Ins. Co., 323 Ga. App. 906 (same)
- Cobb County Sch. Dist. v. Barker, 271 Ga. 35 (due process satisfied by notice and opportunity to be heard)