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IN THE SUPERIOR COURT OFR BROOKS COUNTY

STATE OF GEORGIA

JERRY McLEOD,

Plaintiff,

v. CASE NUMBER CV

BILLY INGRAM et.al.,

Defendant,

PLAINTIFFS RULE NISI MOTION AND TETITION FOR WRITS OF MANDAMUS


AND PROHIBITION

STATEMENT OF THE CASE

Plaintiff filed this complaint and served all defendants by mailing a copy of the complaint

to all defendants with a WAIVER OF SERVICE option as provided by O.C.G.A.

Plaintiff also faxed a copy to all the named commissioners, county employees and sheriff

By faxing a copy to their respective listed fax numbers. Brooks County Commissioner S.L. Jones

Was the only defendant to sign and return the waiver of service. None of the defendants have

filed an answer to this complaint.

THEREFORE; plaintiff requests the defendants be required to show cause under this Rule

NISI Motion why this Court should not assess them the cost of personal service as provided by

Waiver of service rule and require them to file an answer within fifteen days or in the

alternative to declare them in default.


PETITION FOR WRITS OF MANDAMUS AND PROHIBITION

Plaintiff her hereby files his petition for a writ of mandamus against defendant Billy

Ingram, Brooks County Zoning Administrator who acting individually and as county zoning

Administrator did wantonly and with malice aforethought and acting under color of authority

contact Colquitt EMC and command that plaintiffs electrical power be disconnected.

Defendant Billy Ingram, who knows and has been previously advised that he possesses no

authority to condemn any properties or dwelling did wantonly and with malice aforethought

convey by letter to Colquitt EMC that he had condemned Plaintiffs house and libelously

declared that it was unfit for human habitation. Defendant, Billy Ingram is well aware that

Brooks County has no condemnation ordinance and even if it did such ordinance would be

pursuant to the Georgia Condemnation Statue

Only a Superior Court Judge has the authority to issue a condemnation order, and even only after

The conclusion of a lengthy legal process. Even if the county had such an ordinance the first

prerequisite for beginning such a process is the requirement that it shall have at a minimum five

(5) valid verified complaints from neighbors.

Plaintiffs house is not visible from any public road, presents no eminent danger of fire and

creates no nuisance to the public, contrary to Ingrams false and libelous writings. Any claims

made by Ingram have only been made to harass and attempt to intimidate this defendant and also

to attempt to aid and abet a defendant in an unrelated civil action who seeks to acquire an

adjacent property. Defendant has initiated his unlawful activities to attempt to provide an unfair

tactical advantage to this person.

THEREFORE; Plaintiff petitions this court to command Defendant Billy Ingram to

immediately direct Colquitt EMC to reconnect plaintiffs electrical power supply and to cease

and desist from any and all so called code inspections meant simply to harass and intimidate

McLeod.
WRIT OF PROHIBITION

Plaintiff requests this Court grant a Writ of Prohibition prohibiting defendant Billy Ingram,

His deputies, associates or surrogates from entering plaintiffs property without permission for

alleged purposes of conducting any zoning or code violations without first securing a valid

inspection warrant supported by reasonable and legal probable cause. The Fourth and Fourteenth

Amendments of the Constitution of the United States of America were enacted to prevent such

Unwarranted searches, seizures and intrusions into ones property.

Plaintiff McLeods house was built long before any building codes were enacted and was

thereby grandfathered as a prior and pre existing non conforming use and not subject to

subsequently enacted Brooks County zoning or building codes . Therefore defendant Ingram

must be prohibited from any further intrusions into McLeods Property. His house is well built

and sturdy, in no danger of collapse and poses absolutely no danger to the public or to the

sensibilities of the most fastidious. The house is not even visible to the public.

Plaintiff prays that the Court grant his foregoing Writs of Mandamus and Prohibition

without further delay.

Respectfully submitted,

_____________________

Jerry McLeod Pro Se

1675 Liberty Church road

Boston, Georgia 31626

229-263-7981
VERIFICATION OF AFFIDAVIT

Plaintiff Jerry McLeod hereby swears and affirms that the facts in his foregoing affidavit

are true and correct based on his personal knowledge. These facts are sworn before a person

authorized to witness such oaths.

___________________________

Jerry McLeod

NOTARY
CERTIFICATION

I hereby certify I have served the defendant by mailing copies to the defendant at the

address shown below.

Billy Ingram

All County Commissioners

Brooks County Commission

601 Highland Drive

Quitman, Georgia 31643

Mike Dewey

100 Screven Street

Quitman, Georgia 31643

___________________

Jerry McLeod