IN THE CRIMINAL COURT OF HAMILTON COUNTY, TI STATE OF TENNESSEE, EX.REL,, COTY WAMP, DISTRICT ATTORNEY GENERAL, DOCKET NO.: 314758 vs. THE LODGE OF CHATTANOOGA, LLC, d/b/a BUDGETEL INN AND SUITES, 1410 N. MACK SMITH ROAD ) ) ) ) ) ) ) d ) ) EAST RIDGE, TENNESSEE 37412 ) MOTION TO INTERVENE ‘Come Robert Morgan, Tisha Morgan, Nancy Harrington, Dennis Harrington, Sheila Austin, George Austin, Crystal Scealf, LaShawnda Bert, Jesse Jones, Edna Bryant, Greta Mitchell, LaKeisha King, Edith Taylor Bankston, Michael Webb, Amanda Bell, Tammy Rogers, Bryan Rogers, Misty Rogers, Michael Talent, Matthew Redigo, Leo Davis, Horacio Houston, Jr., Glenn Rodrekus, Sr., Oscar Jackson, Tyler Morris, Tracy Myers, Paul Bennett, Danielle Rivera, Phillip Riley, Carry Riley (Wright), April Floyd, Amanda Hixson, Lester Hixson, Jr, Laiya Davis, Allen Estrada, Eric Bradwell, Keith Thompson, Tabitha Wynos, Jody Stanley, Cynthia Jones, Gary Jones, Brady Thatcher, Hortencia Mecollum, Casey West, Jennifer Brown Brock, Kristin Shall, Scott Payne, Mallori Wilson-Smith, Crystal Billups, Antione Hamilton, Michelle Pantages, Jimmy Roach, Natasha Roach, Kaly Snyder, Ely Dunn, Catherine Brown, William Shalchick, Kaylin Boyd, Joseph Duffey, Ruby Williamson, James Jarmagiti, Christina Jarmagin, Jocelyn Crabtree, Arthur David Tatum, Julie Caldwell, Shannon Wright, Malik Woods, Kathryn Brown, Jade Thacker, Coy Hollis, Alisha Watts, Christian Watts, Sandi Hackler, and Tyler |Bennett and pursuant to Tennessee Rule of Civil Procedure 24.02, move to intervene in the above entitled action. ‘The court issued a Temporary Injunction/Restraining Order in this case on or around the 14" day of November, 2022. A copy of that document is appended to this Motion as Exhibit A. The Temporary Injunction/Restraining Order was based upon the Verified Petition for ‘Abatement of Nuisance filed with this court on or around the 14" day of November, 2022. A copy of said Verified Petition for Abatement of Nuisance is appended to this Motion as Exhibit B. Police officers enforced the Order referenced above and ordered all residents at Budgetel Inn and Suites to immediately abandon their apartments or they would be arrested and taken to jail. The police officers were repeatedly requested to show the residents a court order and/or show under what authority they acted. The residents’ requests were never honored. The persons requesting an intervention in this case were put out of their rented apartments, along with tenants in a total of 336 units and in most all cases made homeless. The vast majority of the tenants had pre-paid their rent and were legally entitled to their apartments for days if not weeks after being dispossessed from their homes. Many tenants had good jobs which were lost because of the court order. In crafting and executing said Temporary Injunction/Restraining Order, no effort was made to separate the residents who had committed law violations alleged in the Petition from those who were innocent of any such violations. All of the movants in this Motion allege they are innocent of the law violations alleged in the Petition.‘To this date over eighty persons have requested to be included in this intervention. At the present time none of the innocent residents of Budgetel have been even mentioned in the petition and are not parties to the case so they can seek to protect what rights they have to protect. The moving parties were not given any prior notice of the order to move out of their rooms. ‘The order of the court in this case violated procedural due process of law as guaranteed to the innocent residents of Budgetel by the 14 Amendment of the United States Constitution and Article I, Section 8 of the Constitution of the State of Tennessee, The Order of the coust in this case violated substantiative due process of the law as guaranteed to the innocent residents of Budgetel by 14 Amendment of the United States Constitution and Article I, Section 8 of the Constitution of the State of Tennessee. This court lacked jurisdiction over the person of the innocent parties who are moving to intervene. Despite this lack of jurisdiction, the court substantially impaired the rights of the innocent tenants at Budgetel. This Court also lacked subject matter jurisdiction to affect the rights of persons not parties to any nuisance. ‘The innocent tenants at Budgetel had a right under the law to have exclusive possession of their apartment. This right was violated by the court order which evaded the Forcible Entry and Detainer Provisions of TCA 29-18-101, et seq, providing the only legal means of evicting tenants and the Uniform Residential Landlord and Tenant act in Chapter 28 of Title 66 of Tennessee Code annotated. The Courts Order violated article 1 Section 10 of the United States Constitution which makes it illegal for the States to impair The Obligation of Contracts. This was done by allowing | | | | i‘The Lodge of Chattanooga, LLC to get out of its contracts with innocent tenants who had paid rent. The Tennessee code provision providing for an Order of abatement of a nuisance (TCA 29-3-110) does not authorize the court to alter the rights of persons who had no role in creating a nuisance. The courts order violates the 8" amendment to the United States Constitution as incorporated to the 14" Amendment of the United States Constitution, against cruel and unusual punishment, The court had no right to affect the rights of innocent parties, like the moving parties because TCA 29-3-103 does not allow a nuisance action against innocent parties. The court order violated the equal protection of law provision of the 14" Amendment of the United States Constitution in that it treated differently situated persons in a similar manner. The Court’s order violated the Fourth and Fourteenth amendments to the U.S. constitution because under Payton v. New York, 445 U.S. 573 (1980), police officers must have an arrest warrant to enter a person’s home. ‘There was no such warrant in this case, The persons named above as being represented by the undersigned attomey ask the court for the following: 1. That they be allowed to intervene in this action to defend what remains of their interests in this action.2. ‘That the persons who assert they are innocent of committing actions that constitute a nuisance, be allowed to intervene in this action as a class action pursuant to Rule 23 of the Tennessee Rule of Civil Procedure. ENTERED this Zovprtay Of Aopomlor. , 2022. Ae ae Hee JR. 3100 Brainerd Road, Chattanooga, TN 37411 Tel: 423-493-1926 Fax: 423-493-2142 wrightandwoodward@ gmail.com CERTIFICATE OF SERVICE ‘The undersigned hereby certifies that a true and exaet copy of the foregoing MOTION TO INTERVENE has been served upon the following by first class mail at the address and number listed below. Coty Wamp, District Attorney General 600 Market Street, Ste 310 Chattanooga, TN 37402 ‘The Lodge of Chattanooga, LLC National Registered Agent, Inc ~ 300 Montvue Rd Knoxville, TN 37919-5546THIS 20% day of PoramLor, 2022. CHARLES G. wRici de,INTHE CRIMINAL COURT FOR HAMILTON COUNTY, TENNESSEE STATE OF TENNESSEE, EX.REL., COTY WAMP, DISTRICT ATTORNEY GENERAL Care No.3 /4 958 vs. THE LODGE OF CHATTANOOGA, LLC ‘Wb/x BUDGETEL INN AND SUITES, 1410 N. MACK SMITH ROAD EAST RIDGE, TENNESSEE 37412 ‘TEMPORARY INJUNCTIONRESTRAINING ORDER ee ‘The District Attorney General for the Eleventh Judicial District has filed a Verified Petition for Abatement of Nuisance (“Verified Petition”) alleging that a nuisance exists at Budgetel Inn and Suites 1410 N. Mack Smith Road, East Ridge, Tennessee, 47412 (hereinafter Budgetel Inn). It appearing to the satisfaction of the Court by ce in the form of the Verified Petition, which is incorporated herein by reference, that there is sufficient evidence to believe the averments of the Petition are true, and that the aforementioned property constitutes a PUBLIC NUISANCE pursuant to the provisions of Tenn. Code Ann.§ 29-3-101. For these reasons, a Temporary Injunction/Restraining Order shall be granted. Itis therefore ORDERED, ADJUDGED AND DECREED that any peace officer in this ‘County may make entry into the Budgetel Inn, and serve a copy of this Temporary Injunction/Restraining Order on the owner, operator, or otherwise responsible party. ‘The Budgetel Inn is closed in all respects until further order of the Court, EXHBir A‘The owmer, operator or responsible party shall provide any lawful peace officer with a riaster key to all rooms at the Budgetel Inn in order to effectuate the removal ofall persons pursuant to this Onder. Failure of any such person to comply with this requirement will be in ‘contempt of this court and subject to lawful arrest with probable cause by any lawful peace officer. It is further ORDERED that signs are to be posted at the property stating that the Budgtel Inn is closed by Order of the Court, Such signs shall remain until further Order of this Court. Any peace officer shall further secure the Budgetel Inn from compliance with these orders including, if deemed necessary, the erection of temporary barriers, boarding the Budgete] Inn and/or whatever other means are deemed necessary to close the Budgetel Inn in aceordance with this Order. Said lawful peace officers shall knock and announce at each room of the Budgetel Inn to provide notice to the guests/residents of this Order and to allow such persons time to collect their personal belongings and vacate the premises. The District Attomey General and/or any peace officer shall further secure the Budgetel Inn to secure compliance with the Court’s Orders, including, if necessary, the erection of tomporary barriers, boarding the windows or rooms, and whatever other means or measures, deemed necessary to close the Budgetel Inn and have it remained closed until further Order of this Court ‘This Order shall be posted at all entrances and any person violating the provisions of this ‘Order shall be subject to punishment for Contempt of this Court to include imprisonment in the county jail or workhouse for a period of not more than thirty (30) days and a fine not to exceed fifty dollars ($50) pursuant to the provisions of Tenn. Code Ann.§ 29-3-111 for cach violation,This Order follows the Stale’ first application for injunctive relief. “The Respondent(s) and ils owners are hereby ORDERED to appear before this Court on tre Z! day of a 2022, to show cause why a permanent injunction should not be issues, CET BUSES Ditty AF Fee Served Monsey 2) This injunction shall remain in effect pending further Orders of the Cou. : Entered this 14-day of_MOVENS*L _, 2022. fo Boyd Pattersd/ Judge Hamilton County Criminal CourtMi Gmail River City Legal Group RE: [EXTERNAL] Re: Disruption for C. Harden ‘message Madison Anderson Tue, Nov 15, 2022 at 11:04 AM. TT: Alexandra Kroon Co; “Andrew@trundlelaw.com” , Brianna Jones , Cindy Fitzgerald , Wright & Woodward, PLLC” ‘Yes we can. .| am available this Friday, 11/18 or 11/28, 11/29, and 11/30 at any time those days. Please lat me know which days work, From: Alexandra Kroon Sont: Tuesday, November 15, 2022 9:56 AM ‘To: Madison Anderson anna Jones ; Cindy Fitzgerald ; Wright & Woodward, PLLC ‘Subject: [EXTERNAL] Re: Disruption for C. Harden ‘Should we net be going through with ths for the safety ofthe chile? Thank you, ‘Aoxancra Kroon, Esq Kroon & Kroon, PLLC PO Box 185 ottewah, TN 37383 Telephone: 423-207-3488 Alexandra @Kroonlegal.com “This messages intended only forthe use ofthe inlvdual or ently fo vtich itis addressed and may contan Information thats prvieged, confidential. and exempt from disclosure, under applicable law. Ifthe reader of thie message is not the intent recipient, or te amooyee or the agent responsiba or delivering the message fo the intended recipient, you are nereby noifed that any dissemination, cistibuton, oF copying ofthis communication is ety prone. {you have received this communication in error, please noliy me immeclately and promptly dastoy the orginal message. “Thank you ‘OrrMon, Nov 14, 2022 at 10:01 AM stuart brown wrote: | am no longer on this case. (On Mon, Nov 14, 2022 at 8:24 AM Madison Anderson wrote: ease disregard my email, Ms. Cindy asked ifwe could nod off the disruption.M Gmail f River City Legal Gré_ RE: [EXTERNAL] Re: Disruption for C. Harden ‘message Madison Anderson Tue, Nov 15, 2022 at 11:04 AM "To: Alexandra Kroon Ce:“Andrew@lrundlelaw.com" , Cindy Fitzgorald , ‘Wright & Woodyrard, PLLC" Yes we can, .| arm available this Friday, 1/18 or 11/28, 11/29, and 11/30 at any time those days. Please let me know which days work. From: Alexandra Kroon Sont: Tuesday, November 18, 2022 9:56 AM To: Madison Anderson Ce: Andrew@trundielaw.com; Brianna Jones ; Cindy Fitzgerald ‘Wright & Woodward, PLLC Subject: [EXTERNAL] Re: Disruption for C. Harden Should we not be going through with this forthe safety ofthe child? Thank you, ‘exandta Kroon, Eq, Kroon & Kroon, PLLC PO Box 165, Ootewah, TN 37363 Telephone: 423-207-3488 ‘Aloxandrag@Kroonlagl.com ‘This message is intended only forte use ofthe Indvidualorenfity to wich Its adarassod and may contin information that is prvlegod, | confidential. and exempt ftom disclosure, undor applicable law. I the reader of his messago f not the Intended fecipint, or the employee of f the agent rasponsibe for delivering the message lo the intendod recpiant, you are hereby noifad that any dissemination, cisibuton, or copying i ofthis communication f siricly prohibited IFyou have received this communication in eror, please notify me immediatoly and promptly destroy the orginal message. | Thank you, | (On Mon, Nov 14, 2022 at 10:01 AM stuart brown wrote: |lam no longer on this case. | on.Mon, Nov 14, 2022 at 8:24 AM Madison Anderson wrote: Please disregard my email. Ms. Cindy asked if we could hold off the disruption,‘INTHE CRIMINAL COURT FOR HAMILTON COUNTY, TENNESSE STATE OF TENNESSEE, EX.REL., COTY WAMP, DISTRICT ATTORNEY GENERAL, casEno: 3/4 158 vs. ‘THE LODGE OF CHATTANOOGA, LLC /b/a/ BUDGETEL INN AND SUITES 1410 MACK SMITH ROAD EAST RIDGE, TENNESSEE, VERIMIED PETITION FOR ABATEMENT OF NUISANCE COMES NOW, the State of Tennessee, ex.rel. Coty Wamp, District Attorney General for the Eleventh Judicial Dis and files this Verified Petition for Abatement of Nuisance, and for its ‘cause of action would show unto the Court the following: |. This cause of action is commenced pursuant to Tenn. Code Ann § 29-3-101, etseq., which provide, in part, fbr the abatement of any nuisance, A nuisance is defined, in relevant part, as: ‘Nuisance means... “eny place in or upon which lewdness, prostitution, promotion of prostitution, patronizing prostitution, unlawful sale of intoxicating liquors, unlawful sale of any regulated legend drug, narcotic, other controlled substance analogue, any sale or possession with intent to sell drug paraphernalia... unlawful gambling, any sale, exhibition or possession of any material determinéd to be obscene or pomographic with intent to exhibit, soll, deliver or distribute manner or materials... quarreling, drunkenness, fighting, breaches of the peace are carried on or permitted, ‘and personal property, contents furniture, fixtures, equipment and stock used in or in ‘connection with the conducting and maintaining any such place for any such purposes. EXHIBIT 6‘This Court has jutisdiction over the matter as provided in Tenn, Code Ann. § 29-3-102, ‘Which extends jurisdiction to “chancery, cirout or criminal comts and any courts designated as an environmental court pursuant to Chapter 426 of the Public Acis of 1991", Hamilton County, Tennessee, is the proper venue for this action. The relevant statute provides that the District Attorney General “shall bring the action in the county where the nuisance is opt, maintained, carried on, or exists.” Tenn. Code Ann. § 29.3-103. Tennessee Code Annotated section 29-3-105 dictates that in such abatement proceeding the court or judge “shal, upon the presentation ofa bill or petition therefor, alleging that the nuisance complained of exists, award a temporary writ of injunetion, enjoining and resteaining the further continuance of such nuisance, and the closing of the building or place wherein the same is conducted until the Further order ofthe cour, judge, or chancellor.” Tenn. Code Ann. § 29-3-105. ‘The nuisance is a parcel of real property (parcel ID 169L_L._002) with is appurtenances and attachments, and is an on-going business known as the Budgetel Inn and Suites (“Budgetel Inn”, “Budgetet”, “inn”) muni pally known as 1410 N. Mack Smith Road, East Ridge, Tennessee 37412, with a current property mai ‘address listed as Lodge of Chattanooga, LLC 400 Galleria Pkwy, Suite 1140, Atlanta, Georgia 30339. The Budgetel Inn is a motel business that has been a haven for drug use, drug overdoses, drug distribution, used as « hideout for out-of-state wanted fg es ‘ggravated assaults, domestic assaults, simple assaults, used as a residonce by registered and known sex offenders with children living on the premises, disorderly conducts, and other criminal activities. In the time period of October 1, 2019, to October 8, 2022, the Fast Ridge Police Department received and responded to 1,421 calls at 1410 N, Mark Smith Roed, East Ridge, Tennessee 37412, the Budgetel Inn. The East Ridge Fire Department received and responded to 378 calls at this location. Hamilion County EMS received and responded to 340 calls at location. Attached Exhibit L details the total cals the East Ridge Police Department received to respond to the Budgetel Ton during this period of ime. See attached Exhibit 1, CAD Browser. The teasons for calls todispatch from this location cover 2 broad array of eriminal offenses including but not limited to disorderly conduct, illicit drug use including sale and delivery, overdoses (including deaths), assaults, thefts, warrant service, and juvenile delinquency. Attached Exhibit 2 represents e compilation ofthe ‘ails from the Budgetel Inn (znd a summary of the calls) the East Ridge Police Department has received since June of 2022. See attached Exhibit 2, Summary of Incidents June 2022- November2022. Due to large amounts of drug users residing at and visting the Budgetel, police, EMS and the fire department often respond to overdose calls. Year to date there have been atleast eight (8) overdoses to which police have responded, two (2) of which have resulted in fatalities. A summary of 2022 overdose reports from the location of the Budgetel are attached to this Petition as Exhibit 3, Overdose Events. ‘There have also been numerous complaints of staff members of Budgetel being involved in criminal ati ty. These coraplaints range from over-billing, narcotic transactions, and theft of property from rooms. A recent example of employee involvement in criminal activity occurred on September 21, 2022. The assistant manager, identified as Stephen Parker Long was reported to being, oft AR Lancer Tactical rifle and extremely intoxicated on the property, Parker Long rettieved an began firing. Two individuals were shot and a vehicle was damaged by the gun shots. A third vietim {informed investigators that Parker Long aimed the airsoft rifle at close range to victim threatening to shoot him as i “was an initiation”, The airsoft rifle was located in the main office of the property See attached Exhibit 4, Arrest Report. According to the Tennessee Bureau of Investigation Sex Offender Registry, there are four “known” sex offenders living in the Budgete! Inn, These sex offenders are: James Adam Rogers (listed as violent against children); Timothy Eugene Caldwell (listed as violent against children); Shaune Woolen (violent against children); and Paul Davis. These offenders have listed the Budgetel as their “place of residence” for purposes ofthe Sex Offender Registry. See Exhibit 5, TennesseeBureau of Investigation Sex Offender Registry. There ere many childcen that live at the Budgetel. An accurate number of minor children is not ascertainable, but upon information and belief, the number ‘of minor children is over three dozen. The number changes, in part, due tothe transit nature of some ‘of the parents of the minor children. ‘On November 5, 2022, Sgt. David Myrick of the East Ridge Police Department stopped & ‘vehicle for a violation ofthe traffic code on the premises of the Budgetel Inn. While Sgt. Myrick was interacting withthe driver, @ person claiming to be the manager ofthe Budgetel Inn walked up and stated that the police department was not to be on the property unless they notified management and provided a room number and purpose of visit. The manager stated that the Inn would close the gate ‘and not let law enforcement enter. This is extremely concerning given the serious criminal and ‘medical incidents that are so common atthe Tocation. “The Budgetel lin operates in 2 commercial and well-iraveled area of East Ridge. ‘Neighboring business owners, including owners of restaurants and retail locations, are hindered by the nature ofthe residents at the Inn and the consistency of necessary police presence at the Inn. tis reasonable to assume that nearby businesses are negatively impacted by the frequent incidents of criminal activity. Nine neighboring business owners have provided swom affidavits detailing their negative experiences with the Budgetel Inn. These experiences include residence causing disorders con the business owners’ peoperties, [oud musi, smells of illegal narcotis, thefts, unruly juveniles, loitering, and gencral disruption in the operation of their businesses. The affidavits of Stephanie Noble, Aaron Murray, Beth Hickman, Robin Nave-Montero, Randy Keith, Katie Glaze, Jessica Wheeler, Mike Bruce, and Gregg Bowman are attached as Exhibit 6, Agfidavits. ‘The State has only shown in this Verified Petition a small sample ofthe history of criminal ‘activity and the on-going criminal activity oceurring at 1410 N. Mack Smith Road, East Ridge, ‘Tennessee. The property has been, and continues to operate, ase haven for criminal activity and is & continual threat to the community and surrounding businesses based on the daily criminal activity.“The East Ridge Police Department is overwhelmed withthe call volume that stems from the Budgetel Inn, Law enforcement agencies only have so much manpower to devote to their jurisdictions, in this ease, the city of East Ridge. It isnot reasonable that so much of the Police Department's time and energy is being spent on one criminal hub within their city limits. The property isa nuisance forthe city of Fast Ridge and for Hamilton County WHEREFORE, pursuant to Tennessee Code Annotated § 29-3-105, the State of Tennessee prays the Court will grant a temporary writ of injunction; that notice be given to all parties to appear and show cause wity the State's further application for permanent injunction should not be granted; ‘and upon hearing the proof in this cause, that a judament be entered declaring 1410 N. Mack Sraith Road, Bast Ridge, Tennessee, 37412 a public nuisance pursuant tothe laws ofthe State of Tennessee. ‘This isthe first application for extraordinary process inthis cause Respect submited, this | {aay of Slay enndnea 2002. W Coty Wamp oa District Attomey General, 11 Judicial DistrictTIO} Thave read the foregoing Petition to Abate Nui ce, compiled information contained therein, and participated in a number of the investigations referenced above. To the best of my information, knowledge, and belief, I do attest, under the penalty of perjury, that the foregoing is true and accurate, Date:_{{-(-2027 Josh Creel, it Chief East Ridge Police Department ‘Sworn and verified by the above named person to be true and acourate to the best of their personal knowledge and belief.CERTIFICATE OF SERVICE ‘The undersigned hereby certifies that a true and exact copy of this pleading has been served upon all parties at interest to this proceeding, pursuant to the Tennessoe Rules of Criminal Procedure. A true and correct copy was left at the business, 1410 N. Mack Smith Road, East Ridge, Tennessee 37412 and a true and correct copy has been maifed to Lodge of Chattanooga LLC 400 Galleria Pkwy, Suite 1140, Atlanta, Georgia, 30339. On this day the 16° of November, 2022. District Attomey General 117 Judicial District