A Fulton County Superior Court judge granted Sandy Springs a 30-day restraining order against the owners of an alleged party house on Northside Drive in a hearing held June 18.
Judge Craig L. Schwall granted the city’s request for an emergency temporary restraining order (see file below). The defendants were going to be served on June 18, city spokesperson Dan Coffer said.
Sandy Springs officials on June 17 had filed a complaint in Fulton Superior Court against the two owners of 5785 Northside Drive NW and two event operators.
“As the complaint outlined, there are two commercial events planned for June 19 and 26. This is proactive step to cease commercial uses in a residential neighborhood,” Coffer said.
Javier McIntosh is among the four defendants named in the city’s complaint.
The evening of June 17, McIntosh declined to comment to Reporter Newspapers, saying his attorney Nathaniel Middleton would handle all further matters. Middleton hadn’t responded to a requests for comment on the complaint or the temporary restraining order by early Friday afternoon.
Read the full complaint below:
McIntosh runs a video production company with his brother, who was also named in the complaint.
City Council passed an ordinance on June 14 that banned ticketed events or events at houses rented for parties in residential neighborhoods. The action was in response to a growing number of complaints about houses being used for large events that caused excessive noise for neighbors, with partygoers engaged in reckless driving and causing parking issues.
The June 17 complaint claims the defendants are operating a business in a residential area, holding events such as cooking classes, comedy shows, jams sessions and a food and wine festival. An online listing also shows plans for a pirate pool party on June 26.
The property also is advertised as available to rent for parties and events, with services offered for a fee including bartending, sound system use and the use of a pole dance studio, the complaint says.
The complaint claims that sale and ticket prices for the events include the sale of alcohol, even though the “defendants do not possess a license to sell alcohol of any kind.”
McIntosh was cited for a noise ordinance violation when Sandy Springs Police were called to the house at 5875 Northside Drive NW on May 31, according to the complaint.
The complaint said the city cited defendants for violating city zoning ordinances for:
· Hosting an event without a special event permit;
· Using the property for commercial use in a residentially zoned area;
· Installing a gate without a permit;
· Accumulating rubbish or garbage via the installation of tarps near the property line.
The city scheduled meetings with McIntosh on June 14 and June 17, but according to the complaint, he did not attend those meetings.
Correction: An earlier version of this story incorrectly identified the type of order issued by Fulton County Superior Court Judge Craig L. Schwall, which was a temporary restraining order.