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MOSES Petition for Writ of Certiorari FINAL

MOSES Petition for Writ of Certiorari FINAL

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04/25/2013

 
 
IN THE SUPREME COURTSTATE OF GEORGIA SUPREME COURT DOCKET NUMBER _____________COURT OF APPEALS CASE NUMBER A07A1474
CHRISTOPHER MOSES ]Petitioner, ] Supreme Court Case No.v. ]TRATON CORP., et al. ] ______________________Respondent. ]
PETITIONFOR WRIT OF CERTIORARI
PETITIONER:Christopher L. MosesCOUNSEL FOR PETITIONER:Sam S. HanGeorgia Bar Number 322284
SAM HAN, P.C.
 330 Bloombridge WayMarietta, GA 30066+1 (404) 514-8237sam.han.pc@gmail.comRobert K. FinnellGeorgia Bar Number 261575
THE FINNELL FIRM 
Suite 200PO Box 631 West Fourth AvenueRome, GA 30161-3003Charles B. PekorGeorgia Bar Number 570601Daniel E. DeWoskinGeorgia Bar Number 220327
PEKOR & DeWOSKIN, LLC
Lenox Center3355 Lenox Road, NESuite 450Atlanta, Georgia 30326
 
 Page 1
IN THE SUPREME COURTSTATE OF GEORGIA 
CHRISTOPHER MOSES ]Petitioner, ] Supreme Court Case No. ________v. ] Court of Appeals Case No. A07A1474TRATON CORP., et al. ]Respondent. ]
PETITIONFOR WRIT OF CERTIORARI
Pursuant to Rule 38(2) of the Rules of this Honorable Court,Petitioner hereby petitions this Honorable Court for a writ ofcertiorari to review the opinion and judgment in
Moses v. TratonCorp. et al.
, Court of Appeals Case No. A07A1474,
1
dated July 10,2007, Motion for Reconsideration denied on July 30, 2007.
2
 The issues presented in this petition are of great concern,gravity, and importance to the public, and this petition shouldbe granted because the Opinion from the Court of Appeals: (a)violates public policy; (b) produces manifestly unjust results;(c) contravenes Georgia's constitutional and statutory scheme;(d) departs significantly from decades of legal precedent; and(e) defies common sense.The issues on appeal are:(A) Whether the Court of Appeals erred in ruling that ahomeowner has no right to prevent others fromrepeatedly damaging the yard that adjoins the home,when the damaged yard affects the value of the home,and the homeowners' association (HOA) has threatened toimpose financial penalties on the homeowner for thedamaged yard (see Exh. C for photograph of damagedyard); and
1
Attached hereto as Exh. A.
2
Attached hereto as Exh. B.
 
Page 2(B) Whether the Court of Appeals erred in ruling that theCounty, rather than the homeowner, is liable formaintaining a significant portion of the homeowner'syard if that portion is located within a County-ownedright-of-way.This honorable Court should grant this Petition forCertiorari because of the negative repercussions that are left inthe wake of the Court of Appeals' decision. Namely, the Opinionof the Court of Appeals:(1) eviscerates every homeowner's ability to prevent othersfrom damaging the yard that adjoins a homeowner'shome;
3
 (2) requires the County to maintain a significant portionof the yard that adjoins everyone's home, despite thefact that those yards have always been maintained byhomeowners;(3) effectively abrogates a host of statutory provisions,including OCGA §§ 51-9-1, 51-9-3, 51-9-10, and 44-5-165;(4) disregards legal precedent by affirming the lowercourt's impermissible resolution of genuine issues ofmaterial facts on summary judgment; and(5) prevents homeowners' associations from requiringhomeowners to properly maintain the yard that adjoinsthe home, thereby effectively nullifying a contractbetween two private parties.Insofar as the Court of Appeals departs significantly fromboth the spirit and letter of the law, and insofar as such adeparture produces manifestly unjust results and is contrary topublic policy, Petitioner respectfully petitions this HonorableCourt to GRANT Certiorari.
3
A picture of Petitioner's home and the 13-foot-wide tract ofdamaged land, which is the property in question, is attachedhereto as Exh. C. This picture is found in the record at
.

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