Kelly

ELECTRONICALLY FILED - 2023 Mar 29 1:43 PM - RICHLAND - COMMON PLEAS - CASE#2023CP4000817
STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS

) FOR THE FIFTH CIRCUIT
COUNTY OF RICHLAND ) ClA#: 2023-CP-40-00817
)
The City of Columbia, )
)
Plaintiff, )
) AFFIDAVIT OF
-vs- ) DEPUTY CHIEF MELRON KELLY
)
Indigo 52, LLC, )
)
Defendant. )
----------)
PERSONALLY APPEARED before me, Deputy Chief Melron Kelly, who being duly
sworn does state as follows:
1. I am a citizen and resident of Richland County, South Carolina. I have personal knowledge
of the facts stated herein which are true and correct to the best of my knowledge.
2. I am currently employed by the Columbia Police Department as the Deputy Chief of Police.
3. On or about February 7, 2023, the Columbia Police Department was contacted by the Fire
Department in reference to conditions he observed at a residential location (1218 Hyatt
Avenue, Columbia, South Carolina). This property consists of two (2) buildings comprised
of six (6) units in one building and four (4) units in another.
4. Upon our assessment of the property we were informed that there were two (2) units, within
the building located at the rear of the prope1iy (hereafter Building 2), that Dominion Energy
had responded to for gas leaks. As such, for life, safety, and health issues the gas meters
for these two (2) units were subsequently turned off. In addition, it was determined that
Unit 5, located within the front building (hereafter Building 1), also had a gas leak and thus
Dominion Energy had turned off their gas range.
5. On February 8, 2023, CPD accompanied the Fire Depaiiment in an attempt to speak with
the prope1iy owner and/or manager. While seeking to accomplish the same, we were made
aware of an additional unit within Building 2 having a gas leak and thus, Dominion Energy
responded. At that time, a decision was made to shut the gas meters off for the entire rear
building. Thus, CPD affixed "Notices to Vacate" on all units within that building due to
health and safety risks. Notice was also affixed to Unit 5, within Building 1, for the same.
6. CPD continued to make contact with a representative, property manager, and/or owner of
the prope1iy but to no avail. To that end this action was filed as the tenants remained in
units that posed health and safety risks with no other recourse available. A Temporary
Restraining Order was signed by the Honorable DeAndrea Gist Benjamin on February 16,
Page 1 of 3
2023, requiring that Indigo 52, LLC take immediate action in securing adequate alternate
housing for the affected tenants or if they failed to do so giving the City the ability to do
the same and obtain reimbursement for this expense associated with this.
7. On February 17, 2023, a copy of the Order was served upon Indigo 52, LLC, by and
through their registered agent, Registered Agent Solutions, Inc. A courtesy copy was
provided electronically to their counsel of record, Alexander Imgrund.
8. A Hearing was subsequently scheduled for Monday, February 27, 2023, at 9:30 a.m. at the
Richland County Courthouse. On February 21, 2023, Indigo 52, LLC filed a motion
seeking a continuance and a subsequent Hearing was scheduled for Tuesday, February 28,
2023. Prior to the Hearing date, the parties reached an agreement and a Consent Order for
Temporary Injunction was signed by the Honorable Jocelyn Newman on March 8, 2023.
See Exhibit A.
9. On February 27, 2023, both parties entered into an agreement specifying that the Defendant
would reimburse the City within five (5) business days for all costs and fees associated
with the displaced tenants. It was further agreed that the Defendant would immediately
take over payment of all accommodations until the displaced tenants could safely return
back to their residences. The Defendant failed to comply this term. More specifically, the
City continued to incur costs and fees associated with accommodations until March 19,
2023-nearly three (3) weeks after having agreed to assume responsibility. See Exhibit B.
10. On February 27, 2023, both pa1iies entered an agreement specifying that the Defendant
would be restrained from any attempts to evict the tenants or occupants of any residential
rental units it owned or operated within the municipal limits of the City. On March 8, 2023,
the City was notified that the tenants, who were displaced due to life, health, and safety
issues within their residences, were served with a Notice to Vacate by and through
Rockwood Associates, known to be a representative and/or subsidiary of the Defendant.
See Exhibit C.
11. On February 27, 2023, both parties entered into an agreement indicating that the Defendant
would obtain the appropriate business licensing and rental permits as required by various
ordinances of the City of Columbia. That the Defendant continues to remain in non-
compliance with no indication of a good faith effort to come into compliance.
12. Since entering into said agreement the Defendant has made no good faith effort to carry
out any of the terms of the Consent Order. To this date, matters remain unresolved and
unaddressed. Currently, the only point of contact for pertinent matters relating to properties
owned and operated by Indigo 52, LLC, within the municipal limits of the City, is defense
counsel who is non-responsive and is unable to provide a clear and concise plan of action
to resolve these critical matters.
Page 2 of 3
FURTHER AFFIANT SA YETH NOT.
SWORN TO and SUBSCRIBED before me

----,;:.;~- day o arch, 2023
Pu lie for South Carolina

o m ·ssion Expires: [p -/QqLj
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ELECTRONICALLY FILED - 2023 Mar 29 1:43 PM - RICHLAND - COMMON PLEAS - CASE#2023CP4000817

STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS

sworn does state as follows:

SWORN TO and SUBSCRIBED before me

Pu lie for South Carolina

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