FILED 9/30/2021 5:09 PM CLERK OF SUPERIOR COURT DEKALB COUNTY GEORGIA

IN THE SUPERIOR COURT OF DEKALB COUNTY

STATE OF GEORGIA

BABATUNDE OSHODI 21CV8640

PLAINTIFF

VS. : CASE N0:

JAMES STEGEMAN and JANET

MCELWANEY

DEFENDANT

COMPLAINT FOR QUIET TITLE

COMES NOW, Plaintifi by and through himself, pro se, to file the instant complaint for

quiet title and in support thereof avers as follows:

PARTIES JURISDICTION AND VENUE

1. The Plaintiff in the instant matter is Babatunde Oshodi and the Plaintiff address is 811

Sheppard Road, Stone Mountain, GA 30083

2. The Defendants in the instant matter are James Stegeman and Janet McEIwaney and are

addressed at 821 Sheppard Road, Stone Mountain, GA 30083

3. This Court has jurisdiction over this case pursuant to Ga. Const. I983, Art. 6, Sec. 2, Para. l
and 0.C.G.A. §15-6-8.

4. Venue is proper pursuant to Ga. Const. 1983, Art. 6, Sec. 2, Para. 6.

5. The Plaintifi‘ realleges paragraphs 1 through 4 as if though firlly set forth herein
6. The property disputed in the instant matter is addressed as 811 Sheppard Road, Stone

Mountain, GA 30083 which is the subject of the instant quiet title action.
 7. The Plaintifi' obtained a business loan for a project that is intended to be developed on the

property that is referenced in the instant matter and the Plaintiff has a deadline of November to

complete at least 30% of the project in order to satisfy the requirements of their loan agreement

in the instant matter.

8. The Defendants insist that the property in the instant matter is their own and are refusing to

sign an easement ageement for the building of a thoroughfare on the property to be accessed by

parties by way of easement.

9. In the instant matter, the dispute is not so much over the easement or development as much as

it is over who owns the actual property and who is granting an easement to whom in the instant

matter. The Defendant’s maintain that the property is theirs whereas the Plaintifi' avers that the

record shows that the property belongs to them and that this Court should enter a judgment in

favor of the Plaintifi‘ declaring the same so that the project can move forward without causing

irreparable financial harm to the Plainfifi'.

10. The Plaintifl' is seeking declaratory relief in their favor declaring the Plainfifi’s rightfill

ownership of the property in the instant matter as well as any and all other relief deemed

necessary and applicable including costs of court and fees associated with pursuing the instant

matter.

OUNT I

QUIET TITLE
11. The Plaintifi' realleges paragraphs 1 through 4 as if though fully set forth herein
‘

12. “A quia timet, or quiet title action, is intended to remove a cloud on the plaintifl’s title to
land.” “In order to bring a quia timet action, the plaintifi' ‘must assert that he holds some current

record title or current prescriptive title. Otherwise, he possesses no title at all, but only an
expectancy. ...” Where plaintifi‘s do not assert that they have title to the property at issue, they

have no standing to maintain a quia timet action. Plaintifl‘s have no right to a jury nial under the

conventional quia timet statute. Oxnningham v. Gage, 301 Ga. App. 306, 308 (2009) (citing

0.C.G.A. § 23-3-40).

l3. The quiet title petition must be verified by the petitionems The petition must contain: (1) a

particular description of the land to be involved in the proceeding; (2) a description of the

petitioner’s interest in the land; (3) a statement as to whether the interest is based upon a written

instrument, adverse possession, or both; (4) a description of all adverse claims of which

petitioner has actual or constructive lmowledge; (5) the names and addresses, if known, of any

potential adverse claimant; and (6) if the proceeding is brought to remove a particular cloud or
clouds, a statement as to the grounds upon which the petitioner seeks to remove the cloud or

clouds.49 The petitioner must file with the petition: (l) a plat of survey of the land; (2) a copy of
the immediate

14. The Petitioner has specifically described the land to be involved in the instant matter as 81 l

Sheppard Road, Stone Mountain, GA 30083.

15. The Petitioner has described their interest in the land as follows: The Plaintifl‘ obtained a

business loan for a project that is intended to be developed on the property that is referenced in

the instant matter and the Plaintifi“ has a deadline of November to complete at least 30% of the

project in order to satisfy the requirements of their loan agreement in the instant matter.

l6. The property in the instant matter is based upon a written insnument which is recorded with

the county register of deeds in the instant matter and evidenced herein.

l7. The Petitioner has described the adverse claims in the instant matter as follows: The

Defendants insist that the property in the instant matter is their own and are refusing to sign an
easement agreement for the building of a thoroughfire on the pmpefiy to be accessed by parties

by way of easement. In the instant matter, the dispute is not so much over the easement or

development as much as it is over who owns the actual property and who is gmnting an easement

to whom in the instant matter. The Defendant’s maintain that the property is theirs whereas the

Plaintifi' avers that the record shows that the property belongs to them and that this Court should

enter a judgment in favor of the Plaintifi' declaring the same so that the project can move forward

without causing irreparable financial harm to the Plaintifi'.

18. The adverse claimants have been identified in the instant matter as follows: James Stegeman

and Janet McElwaney and are addressed at 821 Sheppard Road, Stone Mountain, GA 30083

19. The grounds upon which the Plaintiff bases the instant quiet title acfion is that the Plaintifi'

purchased this property as recorded in the record of deeds and the record indisputably shows that

the Plaintifl' is the owner of the property in the instant matter thereby entitling them to the relief

requested.

20. The Plaintifl' is seeking declaratory relief in their favor declaring the Plaintiffs rightful

ownership of the property in the instant matter as well as any and all other relief deemed

necessary and applicable including costs of court and fees associated with pursuing the instant

matter.

QOUNT jljflfl

ATTORNEYS’ FEES
21. The Plaintifi'realleges paragaphs l through 4 as if though fully set forth herein
22. Pursuant to 0.C.G.A. § 13-6-11, the City is entitled to its attorneys’ fees and expenses of

litigation incurred in pursuing this matter.

PRAYER FOB RELIEF

WHEREFORE, Plaintifi' City of Atlanta prays as follows:

(a) That service of process issue as authorized by law;

(b) That the Plaintifi'be awarded prejudgment and post judgment interest;

(c) That the City Plaintifi' be awarded its’ litigation expenses, including but not

limited to attomeys’ fees pursuant to O.C.G.A. § 13—6-11; and

(d) That all issues he tried by jury; and

(e) For any other relief the Court deems necessary and proper.
'
Dated: September 29, 2021 Respectfully Submitted,

flaw 9% 4/5
 PP
§\ 98/
4.0..“
'13
°6'
\//d‘ (x
//
QM 9A

96 \_/
//
//A
SJ
// G’
// 811
//
PP

'NOTE' 3 10' CONC ' DRIVEWAY WILL CONNECT T0 “-

EX. ASPHALT DRIVEWAY '.
.s EXSWG OVER #311 OR BE NEAR EITHER 0R.EXSISTING
PROPERTY LINE. '3‘ ASPHALT DRIVEWAY SHOWN ABOVE
 PP
L6\ %/
fie"
“I?
06‘

\/” 2!}
(x
M
//
QW '41.\

96‘ \_/
//
/ //,f
qV'
oi

//j G"

/4 811

1
//,
2"IPF
A

Rpé

/ .

"
2 10' CONC. DRIVEWAY WILL CONNECT TO
EX ASPEfLTTEgRNEWAY
.S 'ExsmNG OVER #811 2, 0R BE NEAR EITHER OR.EXSISTING
pRopERTY ”NE ”a ASPHALT DRIVEWAY SHOWN ABOVE