MEMPHIS, TN – Shelby County District Attorney Bill Gibbons and Memphis Police Director Larry Godwin announced Wednesday that officers with the Memphis Police Department’s Organized Crime Unit secured the Marina Cove apartment complex after the D.A.’s office filed a public nuisance action against the owners of the dilapidated and abandoned property that has plagued the Hickory Hill community for many years.
The D.A.’s Office filed the nuisance action against owners of Marina Cove, located at 5505 Winchester Road, after it and the Memphis police received numerous complaints about illegal activity occurring on the property as well complaints for serious health, fire and code violations.
Environmental Court Judge Larry Potter ordered the property temporarily secured and the owners to court for a hearing on June 3 to answer to the allegations in the petition.
“Marina Cove has been vacant for more than five years and was essentially abandoned by the owners and managers. This apartment complex has become not only a breeding ground for criminal activity, but a major safety issue for nearby residents,” District Attorney Gibbons said. “The entire property needs to be demolished for the safety, health and welfare of the nearby residents, and we hope the judge will order the owners to do so or that the property will be put into the hands of a party that will do so,” Gibbons added.
Upon the most recent visit to Marina Cove, prosecutors and officers with the Organized Crime Unit found illegal dumping of waste and tires; evidence of graffiti, vandalism and theft; indications of criminal trespass; and numerous canals, waterways and ponds that are havens for breeding mosquitoes, rats and snakes.
Gibbons said that officials with the Memphis Fire Department, Memphis and Shelby Health Department, and County Code Enforcement are actively documenting various code violations for purposes of issuing citations against the owners. A health code violation is pending.
The petition outlines each of these immediate concerns and also describes in detail the myriad of fire, health and code violations that exist at the apartments. The petition alleges that some apartments have burned, others have collapsed, and many others stand with walls ripped open. The petition claims that trash and debris are littered throughout the complex and that grass and weeds grow uncut, and bushes and trees grow wildly – some even into the buildings themselves.
“The citizens living and commuting near the abandoned property need immediate relief from this evident eyesore and breeding ground for criminal activity. Public safety goes beyond attacking gangs, guns and drugs. The Memphis Police Department will continue to work with the District Attorney, the Environmental Court and Code Enforcement to make the City of Memphis a place where we all want to live,” said Memphis Police Director Godwin.
As a result of undercover investigations by the Memphis Police Department since the start of Operation Blue CRUSH™, the D.A.’s Office has filed nuisance actions against the owners of more than 100 properties.
Tennessee law states that the District Attorney General has authority to bring a civil action against any establishment deemed a nuisance. The statute defines a nuisance, in part, as “any place
in or upon which… unlawful sale of any regulated legend drug, narcotic or other controlled substance…quarrelling, drunkenness, fighting, or breaches of the peace are carried on or permitted.”
The D.A.’s Office, working with investigations by the Memphis Police Department and as part of Operation Blue CRUSH™, has filed nuisance petitions against the owners of numerous properties, both residential and businesses, under the Tennessee nuisance law. Some nuisance actions have resulted in permanent closure of the properties. Others have reopened under consent orders to alleviate the nuisance. |