Liquor License Application in Atlanta: What Happens When Something Goes Wrong?

The application process for an alcohol or liquor license in the City of Atlanta is usually straightforward.  Occasionally, however, something goes wrong and the City or neighborhood associations object to a certain business or person obtaining the license.  As an example, the attorneys at Cannon, Mihill & Winkles recently had a client whose license application was rejected by Mayor Reed because of political opposition from certain neighborhood residents.

Although the City of Atlanta has significant power in deciding who gets an alcohol application, that power is not unfettered.  The Georgia Supreme Court has long held that an alcohol license is not a “privilege” to be granted at the Mayor’s discretion; instead, an applicant is constitutionally entitled to an alcohol license as long as he or she meets each and every requirement set forth in the licensing ordinances.  City of Atlanta v. Hill, 238 Ga. 413 (1977).

In our client’s case, the attorneys at Cannon, Mihill & Winkles successfully obtained a Mandamus Order from the Fulton County Superior Court requiring Mayor Reed to grant the alcohol license.  Three days after the Order was issued, the Mayor issued our client’s alcohol license.

If you or your business are having problems obtaining an alcohol or liquor license from the City of Atlanta, or any other governmental entity, the business attorneys at Cannon, Mihill & Winkles would be happy to discuss your issue and assist you in any way they can.

Posted in Business Law, Restaurants and bars | Leave a comment

No Private Cause of Action for Violation of Home Affordable Modification Program (“HAMP”)

There is no question that the government’s response to the mortgage and economic collapse was nearly as complex as the problems giving rise to the crisis. One of the most misunderstood programs is the Home Affordable Modification Program (“HAMP”), which gives certain incentives to banks and lenders to modify FHA-backed mortgages. One of the biggest questions arising from HAMP is whether individual homeowners have the right to sue to require a bank to provide mortgage modifications. The Eleventh Circuit recently addressed that question and held unequivocally that HAMP does not create a private cause of action and any right to enforce HAMP belongs to the government itself – not to individuals. Miller v. Chase Home Finance, LLC, — F.3d —-, 2012 WL 1345834 (April 19, 2012).

The plaintiff in Miller purchased property in Hiawassee, Georgia through a mortgage with Chase’s predecessor. In February 2009, the plaintiff requested a loan modification through the HAMP program. Although the lender agreed to temporarily modify the terms, it later refused to extend a permanent modification. The plaintiff then brought suit alleging, among other things, breach of contract, breach of the covenant of good faith and fair dealing, and promissory estoppel. The district court dismissed the complaint, and the Eleventh Circuit affirmed.

In addressing the issue of whether a private individual has a cause of action under HAMP, Miller concluded that “it is clear that no implied right of action exists” under either HAMP or the Emergency Economic Stabilization Act of 2008. In making that decision, the Eleventh Circuit relied on the facts that (1) HAMP was designed to improve economic stability of the entire United States and not provide an “especial benefit” to struggling homeowners; (2) the Department of Treasury has the right to initiate proceedings for violations of HAMP; (3) allowing private cause of action would undermine HAMP by chilling banks’ and lenders’ willingness to participate; and (4) contract and real estate laws are traditionally governed by state – not federal – law.

Although the Eleventh Circuit’s rationale was somewhat complex, its holding was simple – a homeowner has no right to sue a bank or lender simply because that bank or lender refuses to participate in or grant a modification under the HAMP program.

If you have any questions about any breach of contract issues, the business litigation attorneys at Cannon, Mihill & Winkles would be happy to speak with you.

Posted in Business Law, Real Estate Law | Leave a comment

Steps to Obtaining an Alcohol License in Atlanta

Despite the large number of restaurants and bars in Atlanta, obtaining an alcohol license from the city can be difficult and cumbersome. The following steps must generally be met before the City will issue the license and permit an applicant to sell alcohol:

1. Complete the application and filing fee with the City of Atlanta Police Department License and Permitting Unit.
2. Appear before the neighborhood association where the bar or restaurant will operate.
3. Attend the neighborhood planning unit to explain the business.
4. Seek approval from the City of Atlanta License Review Board.
5. Receive the signed license from the Mayor of the City of Atlanta.
6. Obtain proper permits from the State of Georgia Department of Revenue.

The business attorneys at Cannon, Mihill & Winkles have considerable experience advising and assisting clients navigate the maze of the City of Atlanta alcohol licensing process. We would be happy to discuss this issue and provide our assistance.

Posted in Business Law | Leave a comment

Protecting Yourself and Your Website

Terms of Service and the Digital Millennium Copyright Act

 If you or your business runs a website, it is critical to understand the importance of Terms of Service agreements and the protections afforded by the Digital Millennium Copyright Act, also known as the DMCA.  Without these protections you and your company could face significant personal liability for actions taken by other people. Continue reading

Posted in Intellectual Property Law | Leave a comment

Understanding Intellectual Property

What is a Copyright?  How do I Patent?  What can be a Trademark?

People often come to us asking to protect their business ideas, logos, photos, writings, music, website, etc., and all of the other elements of their business or their art.  Many times, these clients are confused by the various types of intellectual property and how they obtain protection.  This article provides a very general oversight to the four main types of intellectual property and what they protect. Continue reading

Posted in Intellectual Property Law | Leave a comment

Important Steps to Take After an Automobile Injury Accident

  1. Call your doctor before your lawyer.  Despite what you may have heard on TV or read on the side of a bus, if you are experiencing any pain or numbness, always go see your doctor first. Do not call your lawyer immediately after an accident.If your symptoms don’t present themselves until the following day, go see a physician then.The aftermath of an automobile accident is not the time to be a hero or a tough guy.  Your physical well-being takes priority over any legal issues that may need resolution. Continue reading
Posted in Personal Injury | Leave a comment

Year End Legal Audit: Things to Consider In 2012

With the holiday season here, the last thing most individuals and small businesses want to think about is their legal needs.  We certainly understand that going to a lawyer this time of year is likely the antithesis of the season!  However, the following are a few areas of legal problems that have arisen with some of our clients in the past year and that you should consider as you identify your potential legal exposure in the coming year: Continue reading

Posted in Business Law | Leave a comment

Officers and Directors Beware: Georgia Supreme Court Rejects “Fiduciary Shield” for Purposes of Personal Jurisdiction

Recently, the Georgia Supreme Court addressed the question of whether a non-resident corporate officer or director is immune from personal jurisdiction in Georgia if his only contacts with Georgia are in his corporate capacity.   As a matter of first impression, the Supreme Court answered that question in the negative and held that the “fiduciary shield” doctrine does not protect non-resident officers and directors from suits in Georgia if their only contacts with this state are from their official capacities.  Amerireach.com, LLC v. Walker, — Ga. —-, 2011 WL 5964545 (Nov. 30, 2011). Continue reading

Posted in Business Law | Leave a comment

Supreme Court Says “Read Your Contract”

In a recent decision, the Georgia Supreme Court reemphasized the importance of reading each and every provision of a contract before signing.  Novare Group, Inc. v. Sarif, — Ga. —-, 2011 WL 5830488 (Nov. 21, 2011).

In that case, which made local headlines, the plaintiffs bought several condos on the highest floors of buildings in Atlantic Station.  Continue reading

Posted in Business Law | Leave a comment

ADR: What Is It and Is It Right for Me?

Alternative Dispute Resolutions, or ADR, is a way of resolving legal disputes outside of the formal judicial system.  ADR often includes both mediation and arbitration (or a combination of both), but is designed to allow the disputing parties to choose the process and decision maker for resolving their conflict. Continue reading

Posted in Business Law | Leave a comment

The Pros and Cons of Filing Suit in Georgia Magistrate Courts

People often call our office questioning whether they should pursue their case in small claims court. In Georgia, this court is more commonly known as Magistrate Court. We always advise client to weigh the pros and cons of proceeding in Magistrate Court before filing. For some clients, the costs and efficiency of Magistrate Court make it an attractive choice to consider. Continue reading

Posted in Business Law | Leave a comment

Unexpected Liability: Three Risks of Personal Liability for Georgia Contractors

Many contractors believe that because they are operating through a corporation or an LLC, they are shielded from personal liability for claims.  While this is generally true, this blanket assumption ignores the fact that there are multiple ways a contractor can be held personally liable for claims raised by a plaintiff.Three common scenarios that expose a contractor to liability are: Continue reading

Posted in Construction Law | Leave a comment

You Get What You Pay For: 3 Important Considerations to Weigh Before Buying Pre-Packaged Legal Documents

The internet and TV are flooded with opportunities for “do-it-yourself” legal documents.  Members of our own families have even made use of these services on occasion.  Simply put, the convenience and price of these online services can’t be beat by your average local attorney.

HOWEVER, before shelling out a few bucks to download a sample will or other legal document, there are a few considerations you should take into account.  You might be surprised to learn that you’re not getting as good of a deal as you first thought: Continue reading

Posted in Legal Documents | Leave a comment

I’VE BEEN SUED WHERE?!?

Choice of venue provision in contracts.

One of the first issues we consider prior to filing suit is the proper court and location to file the complaint. The location of the suit often depends on the residence and citizenship of the defendant. But where the litigation involves a breach of contract, the location of the suit is usually determined by the terms of the contract. Continue reading

Posted in Business Law | Leave a comment

An Heir’s Potential for Liability: Villas at Stone Mountain Condominium Association, Inc. v. Blair

Conventional wisdom has always stated that heirs are not responsible for the debts of a deceased family member or loved one.  The Georgia Supreme Court has embraced that doctrine and stated expressly that “A creditor of an intestate decedent can not recover judgment against the heirs at law of the [deceased family member]. . . .”  Goff v.First National Bank, 170 Ga. 691 (1930).  Given this general rule, lawyers have often advised clients that it is not worth the time or effort of opening an estate when the liabilities greatly exceed the assets. Continue reading

Posted in Probate & Estate Law | Leave a comment

My Landlord Can Do What?? 4 Pitfalls in Commercial Leases

Recently, a client came in for a consultation after being served with a complaint from his commercial landlord. Unfortunately, the lease was worded so strongly in favor of the landlord that our best advice was to settle as fast as he could. Although the client ended up with a fair resolution, he said something that was incredibly enlightening to us: “I never knew commercial leases were so different. I mean, I’ve signed dozen of apartment leases with no problems.” Continue reading

Posted in Real Estate Law | Leave a comment

Not In My Back Yard: 5 Steps to Effectively Handling a Boundary Dispute with Your Neighbor

While it’s probably true that good fences make good neighbors, an improperly placed fence or other encroachment can make for a rocky relationship.  Following these simple steps can help resolve the problem and preserve the good relationship you have with your neighbors. Continue reading

Posted in Business Law | Leave a comment

Welcome to Cannon, Mihill & Winkles, LLC

Welcome to Cannon, Mihill & Winkles!  As you may have already discovered, we are a newly created Atlanta law firm dedicated to providing our clients exceptional service in the areas of business law, probate litigation and administration, employment disputes, intellectual property, and  any other civil litigation needs that you might have. Continue reading

Posted in Announcements | Leave a comment