Downs v. Dekalb County

Court: Superior Court of DeKalb County
Case Number: 20CV4505-3
Decision Date: June 12, 2020
Case Type: Nuisance
Plaintiff, in his official capacity as City Attorney of the City of Decatur, filed a Complaint to Abate a Public Nuisance as well as an Emergency Motion for Interlocutory Abatement of Nuisance. The Complaint argued that as the Confederate obelisk located on real property owned by DeKalb County on the Decatur Square had been frequently and increasingly a target of graffiti and vandalism, it had become a source of public nuisance, as defined by Title 41 of the Official Code of Georgia, for which steps must be taken to abate immediately. In order to protect life and public safety, as well as to protect the Confederate obelisk from damage or destruction, the court ordered that the Confederate Obelisk be removed to a secure location for storage and safekeeping.