Parker v. Leeuwenberg

Appellants Ken and Rochel Parker and Appellees Andrew and Penny Leeuwenburg were neighbors with a contentious relationship. Appellees first sought to have Appellants secure a good behavior bond in 2011, but the parties reached an agreement without the issuance of the bond. Appellees again sought a good behavior bond in 2013; the parties agreed to a six-month bond, which was later extended for an additional six months, and that bond expired in December 2014. Appellees sought a second bond in January 2015, alleging that Appellants had: installed security cameras aimed at Appellees’ property; conversed with and “objected to the activities of a tree service hired by [Appellees]”; and used flashlights in a manner that disrupted the sleep of Appellees. Following a hearing a magistrate court issued a bond enjoining both parties from: having direct or indirect contact with the other. Appellants sought review of the bond by way of a petition for certiorari with the superior court. Later, however, Appellees agreed to dismiss the bond, and Appellants agreed to dismiss their appeal; a consent order memorializing the parties’ agreement was filed in June 2016. In that same month, Appellants filed a complaint in the superior court seeking, among other things, a declaration that OCGA 17-6-90 was unconstitutional. The trial court concluded that the statute was constitutional and granted summary judgment to Appellees. On appeal, Appellants continued to assert that OCGA 17-6-90 was unconstitutional. In response, Appellees argued that Appellants lacked standing to bring their challenge. With that contention, the Supreme Court agreed. View "Parker v. Leeuwenberg" on Justia Law