Rob Gilbreath Argues Landlords Not Liable for Damages Under Gang Act in the Georgia Supreme Court
April 27, 2021 (Atlanta, GA) – Hawkins Parnell & Young appellate specialist Robert Gilbreath recently presented arguments to the Supreme Court of Georgia on behalf of the defendants in Hernandez v. Star Residential. The case involves an issue of first impression: Whether the Georgia Street Gang Terrorism and Prevention Act provides a private cause of action for treble damages against a property owner when the property is allegedly used for gang activity. The statute provides that specified governmental actors may seek abatement of the “nuisance” under such circumstances, but the plaintiff contends the Act also provides an individual cause of action for damages. Rob argued that ordinary principles of statutory construction preclude the notion that the Act provides such a cause of action.