IN THE SUPERIOR COURT OF BROOKS COUNTY

STATE OF GEORGIA

JERRY McLEOD,

Plaintiff,

v. CASE NUMBER CV17-30

BILLY INGRAM

Individually and

In his official capacity as

Brooks County Zoning Administrator

Defendant,

AND

MIKE DEWEY,

Individually

And in his official capacity

PLAINTIFFS EMERGENCY MOTION FOR EX PARTE TEMPORARY

RESTRAINING ORDER AND PRELIMINARY INJUNCTION

I.

Comes now Plaintiff Jerry McLeod and files his Motion for Ex Parte Temporary

Restraining Order and Preliminary Injunction commanding that Billy Ingram, Brooks County

Zoning Administrator to immediately rescind his illegal condemnation order of plaintiff's

dwelling house and immediately rescind and reverse his request to Colquitt EMC requiring them

to disconnect electrical power to the subject dwelling and to cease and desist from any further

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such acts.

IRREPARABLE HARM

1. Plaintiff is suffering irreparable harm from the loss of his electrical power and as a result

of this unlawful action by Ingram he is forced to suffer physical deprivation , emotional

distress and financial loss. Plaintiff is seventy nine years of age, with age related

disabilities. Plaintiff's only income is a meager social security income and is unable

to afford or secure alternate power sources forcing him to live in inhumane conditions.

The temperatures are in excess of one hundred degrees with high humidity and heat

index over one hundred degrees. The increased stress of these high temperatures create a

life threatening environment for the plaintiff who suffers from age related disabilities.

2. Defendant Ingram and his co-conspirator Mike Deweys only benefit derived from this

unlawful action is to illegally accommodate Mike Dewey and his benefactor Howell

Watkins II in his actions to acquire ownership of an adjacent parcel of property subject

To a Quiet Title action (CV-30) pending in Brooks County Superior Court.

LIKELIHOOD OF SUCCESS ON THE MERITS

1. Plaintiff is most likely to succeed on the merits as Defendant Billy Ingram's actions

are specifically prohibited by statutes contained in the official Code of Georgia

O.C.G.A. 41-2-9 attached hereto as exhibit A. Ingrams purported support for his unlawful

actions is a copy or rules taken from an international building code attached as exhibit B which

does not supersede the Official Code of Georgia or the Fourth and Fourteenth Amendments of

the Constitution of the United States of America or the Georgia Constitution. This international

building code has never been adopted by the Georgia legislature or the Brooks County

Commission. Brooks County has never adopted, codified or published any condemnation

Ordinance. Such ordinance effective pursuant to specific provisions of O.C.G.A. 41-2-9

must be adopted Before Brooks County can initiate any condemnation actions,

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2. Plaintiff' dwelling house was built many years before any current building codes were

enacted and is not subject to any current building codes as it is Grandfathered as a Prior

nonconforming use and is structurally sound and in no danger of collapse.

3. Plaintiffs house is not subject to code inspections as no building codes apply.

Therefore any claimed inspections by a code enforcement officer are clearly attempts to harass

and intimidate McLeod and are abuses of discretion of his discretionary duties.

4. The alleged code inspection of McLeods house without his consent violate the Fourth

And Fourteenth Amendments of the Constitution of the United States of America and the

Georgia Constitution. See Mabry v. Ohio, 367 U.S. 643 as chronicled in a Florida Attorney

Generals Opinion based on the foregoing, Attached as exhibit C. No code inspection without

consent of the owner or occupant can be made without a valid inspection warrant signed by

Judge of a court of competent jurisdiction. No inspection warrant was secured for any

inspection of McLeods house, even if it had been subject to any inspection.

5. Brooks County zoning administrator Ingrams unlawful acts violate the Doctrine of

Laches. The electrical power connection has been in place for more than ten years

Since the arson which destroyed his primary dwelling and no valid claims of unsafe

conditions have been reported. The electrical wiring is the same as when Ingram approved

the initial installation. Ingrams claim of a wiring violation violates the Doctrine of

Laches which prevents one from sitting idly by for ten years then claiming a violation.

6. The disconnection of McLeods electrical service violates Georgia Public Service

Commission rules that there must be imminent danger in order for a county or code

enforcement officer or any other person to order ones electrical service to be

disconnected. No evidence of any imminent danger exists, thus no danger to public safety.

The PSC rules also require that prior notice be provided to the customer of the impending

disconnection, (exhibit D attached).

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 7. The disconnection of McLeods power supply also violates the Georgia Public Service

Commission rule that the occupant must be give at least five (5) days notice before any

Disconnection of their power Supply (exhibit D).

8. Ingram made no inspection of the electrical wiring to support or offer any evidence that

McLeods electrical wiring posed an imminent danger. Georgia PSC rule requires

there must be an imminent danger in order to justify a disconnection (exhibit D).

McLeod filed a request for Ingram to provide legal support for his authority to condemn

A dwelling or to disconnect the power supply. McLeod also requested a copy of all

inspection reports Ingram had made justifying his actions (Exhibit E attached). Ingrams

only response was to send McLeod an excerpt from the International Building Code

which has not been adopted by the Georgia Legislature and bestows no authority for

Ingram to condemn any property or to order any disconnections of electrical service.

This authority is bestowed only by the Georgia legislature by its enactment of

O,C.G.A. 41-2-9 which allows counties to enact a local ordinance subject to all the due

process requirements provided citizens under 41-2-9. Brooks County has not enacted any

such condemnation ordinance, Only a superior court judge has the authority to condemn a

house, and after verified complaints from a minimum of five neighbors and the lengthy279

day legal process provided by the Act.

Ingram provided no evidence that any inspection was made on his false claim of

imminent danger

Ingrams unlawful acts were initiated at request of Mike Dewey and his deputy

Joe Wheeler who sought to illegally evict McLeod from his dwelling AND his adjacent property

tract which is currently subject to a pending quiet title action. This unlawful action by Dewey

and his deputy is being done at behest of one Howell Watkins III, a respondent ion the pending

Quiet Title Action. Sheriff Mike Dewey has unlawfully injected himself into the quiet title action

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by initiating a false criminal prosecution without probable cause to attempt to gain a tactical

advantage in a civil action.

Although no condemnation action is allowed, McLeods house is not visible

from any roadway OR from any adjacent properties. The house is screened from view by heavy

tree growth and thus is not a nuisance to the public and fails to offend the sensibilities of

even the most fastidious.

II.

Plaintiff further requests the Court restrain Sheriff Mike Dewey and his deputies from

any further acts to initiate criminal proceedings or arrest McLeod in any attempt to evict him

from his house or the adjacent property in their unlawful action to bar him from the disputed

property which is subject to the Quiet title action. McLeod requests the Court to restrain Dewey

and his deputies from interfering with McLeods use of his private driveway and his locked gate

providing ingress and egress to his dwelling property which is accessed from Beasley Road by

means of a one hundred seventy five year old prescriptive easement running with the land

through the property subject to the pending quiet title action. No Court of competent jurisdiction

has entered any order or writ of eviction or dispossession ordering McLeod to vacate the

property subject to the Quiet Title action.

2. IRREPARABLE HARM FROM DEWEYS INTERFEREENCE WITH DRIVEWAY

McLeod is unable to access his dwelling house property by vehicle to transport necessary

supplies, thus creating undue hardship further exacerbated by the existing extreme temperatures.

The only perceived Benefit to defendants is their desire to intimidate and harass McLeod in their

quest to accommodate one Howell Watkins II, a named respondent in the foregoing Quiet Title

action.

The foregoing requests for Temporary Restraining Order and Preliminary Injunction

are made to remedy clear and undisputable life threatening emergency circumstances McLeod is

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currently being forced to endure at great unnecessary costs due to the unlawful actions of the

defendants. McLeod request the Court to issue the foregoing requested orders without delay

Respectfully submitted,

/S/_Jerry Mcleod

Jerry McLeod Pro Se

1675 Liberty Church road

Boston, Georgia 31626

VERIFICATION

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

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 NOTARY

REQUEST FOR FINDINGS OF FACTS AND CONCLUSIONS OF LAW

Plaintiff Jerry McLeod requests the Court to issue findings of facts and conclusions of law

in the event his foregoing requests that Billy Ingram cease and desist in his ongoing efforts to

condemn McLeods house and disconnect and deprive McLeod of his electrical power source.

McLeod also requests the findings of facts and conclusions of law be issued if the temporary

restraining order against Mike Dewey is denied.

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 Respectfully Submitted,

/s/Jerry McLeod

Jerry McLeod Pro Se

REQUEST FOR CERTIFICATE OF IMMEDIATE REVIEW

Plaintiff requests the Court to grant a Certificate of Immediate Review if

his foregoing motion for restraining orders are not granted.

Respectfully Submitted,

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 /s/Jerry McLeod

Jerry McLeod Pro Se