Metro Atlanta Task Force for the Homeless, Inc. v. Ichthus Community Trust

Summary

The Supreme Court of Georgia reviewed interlocutory appeals concerning a stay of dispossessory proceedings and summary judgment rulings arising from the foreclosure and transfer of a homeless shelter property. The court dismissed the appeal concerning the dispossessory action as moot and affirmed in part and reversed in part the summary judgment order. It held, among other things, that factual disputes supported civil conspiracy and tortious-interference claims, but that the claim involving charitable donations could not proceed because the evidence did not show diversion of the donation to the defendants.

Holdings

1. The appeal concerning the order allowing PFS to file a dispossessory action was moot because the Task Force had obtained a remedy at law through the trial court's plea in abatement, which was upheld by the Court of Appeals.
2. Summary judgment was properly denied on the civil-conspiracy claim because evidence permitted a jury to find that defendants acted pursuant to a common design to commit tortious acts against the Task Force.
3. The Task Force's claim concerning discontinued charitable donations could not survive summary judgment because it produced no evidence that defendants diverted a donation intended for the Task Force to themselves.
4. Summary judgment was properly denied on the claims that defendants tortiously interfered with the Task Force's relationships with ICE and Mercy.
5. Summary judgment was properly denied on the Task Force's claim that defendants interfered with its ability to obtain public grant funding because factual disputes existed concerning whether defendants improperly influenced city officials and acted with private malice.
6. The Task Force could not maintain its quiet-title claim because foreclosure had divested it of all title, leaving only an expectancy that it might regain title if it prevailed on its wrongful-foreclosure claim.
7. The Task Force was not required to tender the amount owed before pursuing its wrongful-foreclosure claim because the alleged tortious interference could have prevented it from obtaining the funds necessary to tender.
8. Summary judgment was properly denied on the wrongful-foreclosure claim because material factual disputes existed concerning the property's value, the adequacy of the foreclosure price, alleged tortious conduct, breach of duty, causation, and damages.
9. Summary judgment for defendants on the Georgia RICO claim was proper because the Task Force failed to establish the pleaded predicate acts and could not raise an unpleaded wire-fraud theory for the first time in opposition to summary judgment.

Questions Presented

1. Whether the appeal from the order permitting PFS to file a dispossessory action was moot.
2. Whether the Task Force could maintain a tortious-interference claim based on the loss of a charitable donation.
3. Whether genuine issues of material fact precluded summary judgment on the civil-conspiracy claim.
4. Whether genuine issues of material fact precluded summary judgment on the Task Force's tortious-interference claims involving its lenders and public funding.
5. Whether the Task Force had standing to maintain its quiet-title claim after foreclosure.
6. Whether the alleged tortious interference created an exception to the usual tender requirement for a wrongful-foreclosure action.
7. Whether genuine issues of material fact precluded summary judgment on the wrongful-foreclosure claim.
8. Whether summary judgment was proper on the claim for attorney fees and litigation expenses based on bad faith.
9. Whether the Task Force could pursue Georgia RICO predicate acts that were not pleaded or could not be supported by the evidence.

Disposition

other