IN THE SUPERIOR COURT OF BIBB COUNTY

STATE OF GEORGIA

MACON-BIBB COUNTY,

Plaintiff,

v. CIVIL ACTION NO. _____________

BJP GAS AND FOOD MART LLC d/b/a

M&M GROCERY;
BHANU PARTAP; SARVAM 2020 LLC;
DIPKABEN PATEL

Defendants.

VERIFIED COMPLAINT TO ABATE PUBLIC NUISANCE

AND FOR INJUNCTIVE RELIEF

COMES NOW, Macon-Bibb County, and hereby files this Complaint to Abate Public

Nuisance and for Injunctive Relief to enjoin a nuisance against the owner, agent, corporation,

building, structure and place, and the ground itself in or upon which such nuisance exists, pursuant

to OCGA §§ 41-1-2 and 41-2-1, et seq. showing this Court, in support thereof, the following:

I. INTRODUCTION

1.

This is a civil action brought by Macon-Bibb County against the Defendants in relation to

the business and property they own and control, known as M&M Grocery, located at 2760

Montpellier Avenue, Macon, Bibb County, Georgia, 31204, Parcel Number O082-0172, Landlot

28, District MRW. (“Property” or “Store”). This civil action is brought by Macon-Bibb County,

upon authorization by the Mayor of Macon-Bibb, based on information provided by local law

enforcement and code enforcement officials and other complaints. The Defendants have allowed,

participated in, and condoned the property being an annoyance to the public in general and

Page 1 of 22
manifestly injurious to the public health and safety, intending greatly to corrupt manners and

morals of the public. Specifically, substantial criminal and drug related activity is regularly

conducted on or about the property, including multiple violent crimes over the last three years.

Macon-Bibb is seeking that the property be declared a public nuisance and the nuisance be

enjoined, restrained, and abated by order of this Court as authorized by Georgia law.

II. PARTIES, JURISDICTION, AND VENUE

2.

The undersigned serve as county attorneys and are authorized to bring this action against

the Defendants on behalf of the public pursuant to OCGA § 41-2-2.

3.

Defendant BJP Gas and Food Mart, LLC (“BJP”) is a Georgia limited liability company,

doing business as M&M Grocery, with its principal office located at 2760 Montpelier Avenue,

Macon, GA, 31204. BJP can be served through its registered agent, Bhanu Partap, at 489 King Arnold

Street, Atlanta, GA, 30354, or wherever he may be found.

4.

Defendant Bhanu Partap (“Partap”) is the registered agent, owner, and/or chief corporate

officer for BJP. Defendant Partap owns, operates, manages, oversees, and directs the daily business

activities of BJP at 2760 Montpelier Avenue, Macon, GA, 31204, under the name “M&M Grocery,”

(“M&M”). Defendant Partap had knowledge of and/or participated in the harmful and injurious

conduct and activities that constitute a public nuisance on this real property that give rise to this suit.

Defendant Partap can be properly served with summons and process at 489 King Arnold Street,

Atlanta, GA, 30354, or wherever he may be found.

Page 2 of 22
 5.

Defendant Sarvam 2020, LLC, (“Sarvam”) is the landowner of the property located at 2760

Montpelier Avenue, Macon, GA, 31204. Sarvam is a Georgia limited liability company with its

principal office located at 2760 Montpelier Avenue, Macon, GA, 31204. Sarvam can be served

through its registered agent, Dipikaben Patel, at 2760 Montpelier Avenue, Macon, GA, 31204, or

wherever he may be found.

6.

Defendant Dipikaben Patel (“Patel”) is the registered agent, owner, and/or chief corporate

officer for Sarvam. Defendant Patel owns and leases the land upon which BJP operates at 2760

Montpelier Avenue, Macon, Bibb County, Georgia, 31204, under the name “M&M Grocery,”

(“M&M”). Defendant Patel had knowledge of and/or participated in the harmful and injurious

conduct and activities that constitute a public nuisance on this real property that give rise to this suit.

Defendant Patel can be properly served with summons and process at 2760 Montpelier Avenue,

Macon, Georgia, 31204, or wherever he may be found.

7.

This Court has subject matter jurisdiction over this action.

8.

Venue is proper in this Court on the grounds that the subject property is located in Bibb

County.

Page 3 of 22
 M&M GROCERY IS A PUBLIC NUISANCE

UNDER O.C.G.A. § 41-2-1, et seq.

9.

Plaintiff realleges and incorporates by reference the allegations of Paragraphs 1 through 8

of this Complaint as if the same were fully set forth herein.

10.

Defendants’ business, M&M Grocery at 2760 Montpelier Avenue, Macon, Bibb County,

Georgia, 31204, is a well-known center of frequent serious criminal activity, including violent

offences, homicides, and drug activity. The Bibb County Sheriff's Office (hereinafter "BCSO")

regularly patrols the area around M&M due to the increased amount of illegal drug, violence, and

gang-related activity. Additionally, since 2016, over eight hundred ninety-four emergency 911

calls have been placed from this location.

11.

Defendant Partap organized BJP on April 3, 2019. M&M Grocery was at that time a well-

known center of frequent serious criminal activity, including many violent and drug-based

offenses. Despite these problems existing at the time of purchase, Defendants allowed, participated

in, and condoned the property continuing to be an annoyance to the public in general and

manifestly injurious to the public health and safety.

12.

Defendant Sarvam purchased the subject property on or about September 3, 2020. M&M

Grocery was at that time a well-known center of frequent serious criminal activity, including many

violent and drug-based offenses. Despite these problems existing at the time of purchase,

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Defendants allowed, participated in, and condoned the property continuing to be an annoyance to

the public in general and manifestly injurious to the public health and safety.

13.

The State of Georgia and Macon-Bibb County, through the Bibb County Sheriff's Office,

devote substantial public resources, attention, patrols, time, and operations to M&M to confirm

the widespread illegal activity that regularly occurs at the property. Multiple BCSO reports reveal

that M&M is known for drug activity being conducted at the property. Copies of relevant incident

reports from 2019 to present are collectively attached hereto at Exhibit “A”.

14.

On or about June 30, 2022, two unknown males fired a number of shots at the men

congregating in front of M&M. Video surveillance captured three victims hitting the ground and

ducking for cover. Although no one was hit, gunfire damaged the building and two automobiles.

Numerous rifle shell casings were recovered. The incident report from that incident is included in

the materials attached at Exhibit “A” and was reported in Case Number 2022-00058697.

15.

One day earlier, on or about June 29, 2022, BCSO responded to a report of a stabbing.

Upon arrival, the responding deputy found a bleeding victim who advised she had been attacked

by an unknown male outside of M&M. EMS transported her to the Medical Center for Treatment.

This incident was reported in Case Number 2022-00055641.

16

On or about May 27, 2022, the Bibb County Sheriff's Office (BCSO) responded to a call

regarding an automobile stolen from the property parking lot. The victim stated that he left the

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car running while speaking to someone at the store when an unknown suspect jumped in the car

and drove away. These events were reported in Case Number 2022-00044375.

17.

On or about May 15, 2022, BCSO responded to M&M in reference to a person shot. The

responding deputy arrived to find the victim lying on the floor with three gunshot wounds. Video

surveillance revealed that a customer left the store with drinks in one hand and a gun in the other.

In the parking lot he argued with the victim and shot him. The victim then crawled into the store,

and the suspect fired more shots at the store before driving away. These events were recorded in

Case Number 2022-00041731.

18.

On or about April 4, 2022, BCSO responded to another call of a person shot at M&M.

Video evidence revealed that four subjects in a vehicle began firing just as they were passing the

gas pumps at M&M, striking a customer who had just left the store. The victim was transported

to the medical center and the case was turned over to investigations. This event was recorded in

Case Number 2022-00027050.

19.

On or about April 2, 2022, BCSO responded to a report of a terroristic threat at M&M.

Video evidence confirmed that a suspect who frequently steals beer from the store brandished a

handgun towards the store clerk and threatened him when he refused to sell him beer. These

events were recorded in Case Number 2022-00026513.

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 20.

On or about March 7, 2022, BCSO arrested a suspect at M&M for possession of a firearm

by a convicted felon, possession of methamphetamine with intent to distribute, and possession of

marijuana with intent to distribute. This incident was recorded in Case Number 2022-00018508.

21.

On or about January 28, 2022, BCSO received a tip that a fugitive was present at M&M.

Upon arrival, the suspect fled until he was incapacitated by Taser. The suspect was arrested on

the outstanding warrant, and deputies confiscated the stolen firearm he was carrying. These

events were reported in Case Number 2022-00007502.

22.

On or about December 25, 2021, BCSO received a report of a disorderly man who was

angry with a woman who refused to buy drugs from him at M&M. This incident was reported in

Case Number 2021-00109384.

23.

Also, on or about December 25, 2021, a M&M store clerk reported to BCSO that a man

was standing outside the store waving a gun around “acting erratic”. This incident was reported

in Case Number 2021-00109369.

24.

On or about November 20, 2021, BCSO received a report of shots fired at M&M. A

review of camera footage showed a group of males were standing outside in front of the store

when several shots rang out, sending everyone to take cover. These events were reported in Case

Number 2021-00099698.

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 25.

On or about November 13, 2021, BCSO reported that two juveniles were found with a

stolen Honda Civic automobile at M&M. BCSO transported the two juveniles to the RYDC and

secured the vehicle. This is incident was reported in Case Number 2021-00097608.

26.

On or about November 8, a customer inside the M&M store asked for BCSO to respond

to the scene saying he feared for his life. The customer explained that he got into an argument

with another customer who was a member of the Mafia street gang. Ten of the gang members

were inside the store with the customer and he believed they were all armed. This incident was

reported in Case Number 2021-00095898.

27.

On or about October 22, 2021, BCSO received multiple reports of gunfire M&M. One

complainant who left the scene after gunfire began advised that when they returned to the scene

some vehicles pulled up and shot up the store. This incident was reported in Case Number 2021-

00091159.

28.

On or about October 1, 2021, an M&M employee called 911 requesting that “a deputy

come clean out his parking lot advising that there are [too] many [vehicles] and that they are

intoxicated”. This event is reported in Case Number 2021-00084962

29.

On or about September 24, 2021, a woman reported that a man at M&M struck her,

busting her lip, when she refused to give him her phone. The suspect fled before the responding

deputy arrived. This event is reported in Case Number 2021-00082352.

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 30.

On or about September 11, 2021, BCSO received a report of a fight with guns involved at

the store. The dispatcher noted that “a lot of people are heard in the background yelling and

fighting”. This event is reported in Case Number 2021-00078373

31.

On or September 9, 2021, a man reported that a suspect beat him and his daughter at the

store, leaving visible injuries to both. This event is reported in Case Number 2021-00077919.

32.

On or about September 7, 2021, a caller reported that a suspect with a firearm committed

an armed robbery at M&M before leaving in a silver Honda. The caller later described the

incident as a fight instead of a robbery. This incident was reported in Case Number 2021-

00077213.

33.

On or about September 4, 2021, BCSO received a report of a robbery at the store. The

victim went to M&M to get change for his wife who was working at Family Dollar. After getting

$350 in small bills in change, a man in the store followed the victim outside, beat him with a

broomstick and took the money. After the victim reported the incident, BCSO arrested the

suspect, finding the money on his person. This event was recorded in Case Number 2021-

00076396.

34.

Also, on or about September 4, 2021, an M&M employee called 911 to report a man in

the parking lot selling drugs. When the employee asked the man to leave, he refused, saying he

would kill the employee. Another contemporaneous call from that location reported that there

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was an argument with firearms at the store. These events were recorded in Case Number 2021-

00076337.

35.

On or about September 2, 2021, BCSO received a report of a man in a Hyundai Sonata

selling drugs and firing a gun at M&M. This event was recorded in Case Number 2021-

00076001.

36.

On that same day, on or about September 2, 2021, BCSO received a report of men with

firearms arguing inside M&M. This event was recorded in Case Number 2021-00075776.

37.

On or about August 31, 2021, BCSO received a report of a male selling drugs at M&M.

After observing him take part in several hand-to-hand transactions, deputies made contact with

the man, located drugs bagged for sale along with a digital scale, and arrested him. These events

were recorded in Case Number 2021-00075365.

38.

On or about August 25, 2021, an M&M employee called 911 to report that drunk men

were harassing his customers and that multiple men were fighting at the store. The 911 operator

noted they could hear arguing in the background. This event was recorded in Case Number 2021-

00073686.

39.

On or about August 21, 2021, a woman reported that her car was stolen from M&M. This

incident was reported in Case Number 2022-00900072.

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 40.

On or about June 19, 2021, a woman reported to BCSO that “a bunch of crackheads”

were out in front of M&M. According to the caller, one of them stood in front of her vehicle

blocking the way. He only moved out of her way when he heard her call the police. These events

were recorded in Case Number 2021-00052792.

41.

On or about June 9, 2021, BCSO received a report of eight people inside M&M with

guns out on the countertops. These events were recorded in Case Number 2021-00049477.

42.

On or about June 6, 2021, an M&M clerk reported to BCSO that there are about 4-5

subjects standing inside the store selling drugs and that he is scared. These events were recorded

in Case Number 2021-00048651.

43.

On June 3, 2021, BCSO arrested four suspects at M&M for possession with marijuana

with intent to distribute, possession of a firearm during the commission of a crime, and related

charges after finding the men in a vehicle with drugs, scales, baggies, and handguns. These

events were recorded in Case Number 2021-00047766.

44.

Also, on or about June 3, 201, BCSO drug investigators conducted a “business check” at

M&M “due to heavy drug activity” and discovered another man in the parking lot with

marijuana and a firearm in his vehicle. BCSO cited the man for possession and turned the

weapon over to the crime lab. This incident was recorded in Case Number 2021-00047762.

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 45.

On or about May 31, 2021, a woman reported that she was assaulted by a man at M&M.

This event was recorded in Case Number 2021-00046528.

46.

On or about May 18, 2021, someone fired shots at M&M, with at least one round

piercing the front window and entering the store, which was occupied by the clerk and another

victim. The shots appeared to be fired from a vehicle that left the scene and was last seen headed

down Montpelier headed towards Brentwood Drive. These events were recorded in Case

Number 2021-00042270.

47.

On or about May 8, 2021, two victims were shot while standing at the gas pumps in front

of M&M. BCSO interviewed the men at the hospital. Neither man could see who shot them. This

incident was recorded in Case Number 2021-00038725.

48.

On or about April 28, 2021, an M&M clerk called 911 to report a man with a gun in the

store. The dispatcher notes overhearing the suspect fuss at the clerk, “telling the clerk he is a

dead man for calling the police on him”. The suspect left before deputies arrived. These events

were recorded in Case Number 2021-00035341.

49.

On or about March 27, 2021, BCSO received a call that two men with firearms were

fighting inside M&M. The report notes that the call taker could “hear them in the background”.

This event was recorded in Case Number 2021-00025221.

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 50.

On or about March 23, 2021, a caller reported to BCSO that several suspects with guns

hanging out at M&M were harassing her trying to sell her drugs. This incident was reported in

Case Number 2021-00024056.

51.

On or about March 8, 2021, a woman reported to BCSO that her automobile was stolen

from the M&M parking lot. She described how a male suspect in the parking lot got into her

vehicle and drove off while she was talking to a friend at the store. This event was recorded in

Case Number 2021-00019585.

52.

On or about February 10, 2021, a complainant requested BCSO assistance at M&M

because there were multiple males there with firearms. This event was reported in Case Number

2021- 00011744.

53.

On or about January 18, 2021, BCSO received a report of an Armed Robbery at M&M.

Video surveillance and the investigation revealed that a man demanded money from the clerk

and shot a hole through the plastic barrier. This incident was reported in Case Number 2021-

00005132.

54.

On or about January 17, 2021, a customer at M&M reported that he was beaten by

another man while he was at the cashier’s counter. A BCSO deputy chased the suspect but was

unable to apprehend him. This incident was reported in Case Number 2021-00004761.

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 55.

On or about December 3, 2020, BCSO was arresting a man at M&M on an outstanding

warrant when deputies encountered a convicted felon with a large quantity of narcotics packaged

for sale and a firearm. Deputies confiscated the drugs and the firearm and placed the felon under

arrest. This incident was reported in Case Number 2020-00117569.

56.

On or about October 30, 2020, the clerk at M&M called 911 to report that 10-15 people

were inside the store selling drugs, vandalizing the property and refusing to leave. This incident

was reported at Case Number 2020-00105907.

57.

On or about September 30, 2020, BCSO Sgt Kendrick saw two suspicious men in the

M&M parking lot enter the store. A further investigation revealed that both men had active

warrants for their arrest. Each suspect possessed a stolen firearm. Both men were arrested inside

the store and their firearms were seized as evidence. This incident was reported in Case Number

2020-00095751.

58.

On or about August 30, 2020, BCSO responded to a gang related fight involving six to

seven people at M&M. The people in the parking lot scattered as the responding deputy arrived,

and he found a bloody and beaten victim down inside the business. The victim said the fight was

gang related but refused to say anything further. He was transported to the Medical Center for

treatment. This incident was reported in Case Number 2020-00082732.

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 59.

On or about August 8, 2020, BCSO received a report that four or five suspects robbed a

man of his cell phone and wallet while the man was waiting for a ride at the corner of the M&M

parking lot. This incident was reported at Case Number 2020-00077165.

60.

On or about July 29, 2020, a woman was murdered by gunfire in the M&M parking lot.

According to the report, the woman and her fiancé were sitting in a car at the store parking lot

when several rounds were fired into her vehicle. Deputies located numerous shell casings of

different calibers in the area, indicating there were multiple assailants. Two other vehicles in the

store parking lot were damaged by the gunfire. This incident was reported in Case Number 2020-

00073672.

61.

On or about June 30, 2020, BCSO received another report that two suspects were selling

drugs inside M&M. This incident was reported at Case Number 2020-00063473.

62.

On or about June 14, 2020, BCSO received another call reporting gunfire at M&M. This

incident was reported at Case Number 2020-00057644.

63.

On or about June 6, June 7, and June 10, 2020, BCSO received reports of drug sales in

the M&M parking lot. The events were reported in Case Numbers 2020-00054510, 2020-

00055141, and 2020-00056248.

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 64.

On or about May 7, May 9, May 16, May 21, and again on May 25, 2020, BCSO

received reports of multiple suspects selling drugs at M&M. These events were recorded in Case

Numbers 2020-00044037, 2020-00044738, 2020-00047079, 2020-00050294 and 2020-

00048784.

65.

On or about May 14, 2020, a customer beat and punched an M&M clerk after losing a $5

bet in one of the store’s gambling machines. After reviewing the surveillance video, BCSO

sought an arrest warrant for the customer. This event was recorded in Case Number 2020-

00046236.

66.

On or about May 12, 2020, an unknown suspect at M&M threatened to shoot a woman if

she called 911 after a different man beat her at the store. These events were recorded in Case

Number 2020-00045765.

67.

On or about April 10, 2020, and again on April 30, 2020, BCSO received reports that

suspects were selling drugs at M&M. These events were recorded in Case Numbers 2020-

00034875 and 2020-00041255.

68.

Also on April 10, 2020, a BCSO deputy observed a convicted felon fire a handgun in the

M&M parking lot just prior to the suspect entering the store. The deputy followed the suspect

inside and arrested him at gunpoint. He located the handgun, which had an altered serial number,

in the suspect’s pocket. These events were recorded in Case Number 2020-00034980.

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 69.

On or about March 24, 2020, BCSO deputies responded to the report of an aggravated

assault at M&M. Upon arrival, deputies found a man laying in the roadway beside the store,

bleeding from multiple stab wounds to his head, chest, and side. Due to the victim’s conditions,

he was unable to provide any details. Deputies reviewed the store’s video footage to determine

what happened. This case was reported in Case Number 2020-00029051.

70.

Again, on or about March 22, 2020, BCSO received another report of multiple suspects

selling drugs inside M&M. This incident is recorded in Case Number 2020-00028606.

71.

On or about March 10, 2020, BCSO received another report of an aggravated assault by

stabbing at M&M. After the victim was transported by ambulance to the hospital, BCSO

deputies reviewed the incident on video using the store’s surveillance system. This event was

recorded in Case Number 2020-00024304.

72.

On or about March 1, 2020, a customer reported that her car was stolen from the M&M

parking lot while she was shopping inside. Video evidence confirmed her story. This incident

was reported in Case Number 2020-00021454.

73.

On or about February 25, 2020, two drug dealers at M&M fled BCSO deputies in a stolen

car when deputies arrived to investigate drug activity. After a chase, deputies were able to

apprehend one of the suspects. Inside the car, they found powder and crack cocaine packaged for

sale, as well as ecstasy, Xanax, marijuana, and other unidentified drugs likewise packaged.

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BCSO charged the suspect with drug trafficking, theft by receiving stolen property, and related

charges. This even was recorded in Case Number 2020-00019327.

74.

On or about February 5, 2020, another customer reported that his car was stolen from the

M&M parking lot while he was inside the store making a purchase. This event was recorded in

Case Number 2020-00012535.

75.

On or about February 4, 2020, BCSO was conducting a business check at M&M when

they observed a suspect engage in a hand-to-hand drug transaction. BCSO arrested the suspect

and recovered 30 individual baggies packaged for sale. This event was recorded in Case Number

2020-00011860.

76.

On or about August 30, 2019, BCSO acted on a tip from a confidential source regarding

cocaine and marijuana sales at the M&M, and arrested a suspect for narcotics and weapons

charges after he was found with drugs packaged for sale and a handgun inside the store. These

events were recorded in Case Number 2019-00092093.

77.

On or about June 1, 2019, BCSO responded to a report of a person shot at M&M.

Deputies arrived to find a man who’d been shot in the face and arrested the suspect shortly

thereafter. This even was captured on video on the store’s security system and was reported in

Case Number 2019-00057840.

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 78.

On or about April 23, 2019, suspected gang members standing in front of M&M walked

away when a patrol deputy pulled into the parking lot. Looking into a trash can where the men

had been standing, the deputy located several baggies of marijuana packaged for sale and a.357

magnum handgun. These items were placed into evidence. This incident was reported in Case

Number 2019-00041643.

79.

On or about April 20, 2019, BCSO conducted a business check at M&M and found a

suspected drug dealer standing at the front counter. Video evidence revealed that he had thrown a

firearm behind the ice cream counter shortly before deputies entered the store, as well as an

eyeglass case containing methamphetamine and marijuana. Based on the evidence, BCSO

arrested him for possession of a firearm by a convicted felon and drug charges. This incident was

reported in Case Number 2019-00040522.

80.

On or about September 14, 2022, BCSO received reports of another shooting at M&M. A

33-year-old male victim was shot in a reported drive-by-shooting while standing outside the

store. He was taken to the Medical Center for treatment. This incident was reported by BCSO in

a release posted on their website, a copy of which is attached as Exhibit B.

81.

The Defendants have caused and allowed the M&M store interior and parking lot to be

used as a market for the sale of illicit drugs, and the people, including known gang members, that

they allow to congregate for that purpose engage in other crimes with the Defendants’

knowledge and tolerance, including aggravate assaults, car thefts, and murders.

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 82.

Because the Defendants have caused and allowed these drug dealers to openly conduct

their business inside the store and in the parking lot, every member of the public who enters the

property faces the danger that gunfire could erupt between and among those criminals who are

allowed to loiter and conduct their trade. Every member of the public who has encountered the

criminals that the Defendants have caused and allowed to congregate there has been placed at

risk by the criminals’ dangerous activities, including the criminals themselves.

83.

Given the nature and severity of recent events at M&M, the Plaintiff, in its capacity as

parens patriae of its citizens, is at a severe and immediate risk of losing more lives and having its

other interests irreversibly damaged unless this Court orders an immediate cessation of activity on

the Property.

84.

The foregoing offenses establish that M&M is a public nuisance and supports Plaintiff's

request for an order to abate this nuisance, pursuant to O.C.G.A. § 41-2-1, et seq.

85.

The regularly conducted illicit and criminal activities at M&M render it a public nuisance,

pursuant to O.C.G.A. § 41-2-1, et seq. and therefore justify an order of abatement from this Court.

MACON-BIBB COUNTY IS ENTITLED TO RELIEF

86.

Macon-Bibb County brings this action to immediately, temporarily, and permanently abate

the public nuisance that has existed and continues to be maintained at 2760 Montpelier Avenue,

Macon, GA 31204.

Page 20 of 22
 87.

Pursuant to O.C.G.A. § 41-2-2, a complaint for public nuisance may be filed by the district

attorney, solicitor-general, city attorney, or county attorney on behalf of the public.

88.

This Court is authorized to abate the complained of nuisance that has existed and continues

to be maintained at M&M, 2760 Montpelier Avenue, Macon, GA 31204.

89.

Georgia law provides that "any nuisance which tends to the immediate annoyance of the

public in general, is manifestly injurious to the public health or safety, or tends greatly to corrupt

the manners and morals of the public may be abated by the order of a judge of the superior court

of the county in which venue is proper." O.C.G.A. § 41-2-1.

WHEREFORE, Plaintiff prays for the following relief:

(a) that an immediate, ex parte order be issued to abate Defendants’ activities of

maintaining this nuisance;

(b) that this matter be scheduled for a final hearing before this Court at the earliest

available date;

(c) that the property owned, operated, and controlled by the Defendants at 2760

Montpelier Avenue, Macon, GA 31204 be declared a public nuisance, pursuant to

O.C.G.A. §§ 41-2-1;

(d) that this Court order the continued abatement of this nuisance on a permanent basis,

including the right to amend the required abatement conditions as needed to ensure

the safety of the Defendants’ premises to the public;

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(f) that Plaintiff have such other and further relief as this Court deems just and

equitable.

Respectfully submitted this 15th day of September, 2022.

GAUTREAUX LAW, LLC

/s/ K. David Cooke, Jr

K. David Cooke, Jr.
Georgia Bar No. 184584
ATTORNEY FOR PLAINTIFF
SPECIAL COUNTY ATTORNEY
778 Mulberry Street
Macon, Georgia 31201
(478) 238-9758 (telephone)
david@gautreauxlawfirm.com

MACON-BIBB COUNTY ATTORNEY’S OFFICE

/s/ Michael J. McNeill

Michael J. McNeill
Georgia Bar No. 254983
Senior Assistant County Attorney
700 Poplar Street, P.O. Box 247
Macon, GA 31202-0247
External Direct: 478-219-4393
mmcneill@maconbibb.us

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