Rogs To Sweatman¶

IN THE SUPERIOR COURT OF DEKALB COUNTY STATE OF GEORGIA

JONATHAN SWEATMAN,

Petitioner,

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) ) )

V.

Civil Action File No. 21CV9795

)

SARAH ZEEMAN,

Respondent.

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)

)

RESPONDENT?’S FIRST INTERROGATORIES TO PETITIONER

COME NOW Sarah Zeeman, Respondent herein, and pursuant to O.C.G.A. §§ 9-11-26

and 9-11-33, serves the following interrogatories upon Petitioner Jonathan Sweatman (“you”). INTERROGATORIES 1. Please identify all persons with knowledge of any facts related to the allegations set out in

your Petition, your responses to these Interrogatories, or any claim or defense at issue in this civil

action. With respect to each person, please describe the subject matter concerning which they have knowledge. 2.

Please fully identify all persons and entities which have ever held any ownership, lien, or

leasehold interests in the property identified in your Petition as “2746 Grove Street” at any time since you first acquired an interest therein, specifically describing the effective dates and nature of all such interests (including your own) and identifying all documents, communications, and correspondence reflecting same.

With respect to the “damages from the loss of use of Petitioner's property encroached upon in an amount to be proven at trial,” referenced in your Petition, please fully explain the method, manner, and means by which this amount of damages will be calculated and identify each and

every fact that will be used to support this calculation. 4.

With respect to your contention that “Petitioner suffered and will continue to suffer damages for loss of use of 2746 Grove Street so long as the encroachments remain on 2746 Grove Street,” please provide a full and complete factual description of all harms, injuries, costs, and other damages of any kind whatsoever, that you contend have or will result from the presence of said encroachments and identify all evidence supporting each.

5. To the extent not otherwise set out in your Response to the above Interrogatories, please provide a full and complete description of each and every fact showing that the existence of

encroachments upon 2746 Grove Street has interfered with your use and enjoyment of your property and the damages resulting therefrom.

6. Please identify each and every fact supporting your contention that no bona fide controversy or genuine dispute existed, whether of law or fact, on liability or amount of damages prior to filing your Petition. Your response to this Interrogatory should include, but not be limited

to, 1) the exact amount of damages in which Respondent was liable to you prior to filing your Petition, 2) all facts showing that the exact amount of damages in which Respondent was liable to you prior to filing your Petition was known to Respondent and not in dispute. If you do not contend

that evidence reveals that no bona fide controversy or genuine dispute existed, whether of law or fact, on liability or amount of damages, or on any comparable issue, at the time you file your Petition, please state so affirmatively in your Response. 7.

With respect to the existence, or planned existence, of any and all encroachments upon

2746 Grove Street alleged in your Petition, please identify the earliest time at which you became aware of said encroachment and each and every action taken to prevent or remedy said encroachment.

With respect to the existence of any and all encroachments upon 2746 Grove Street alleged in your Petition, please identify the earliest time at which you became aware of said encroachment and each and every action taken to prevent, remedy, or otherwise redress said encroachment. 9. Please provide a complete factual description of your knowledge actions with respect to any and all fences which have ever been located upon 2746 Grove Street and/or 2740 Grove Street from the time that you first took possession of 2746 Grove Street through present, specifically including:

a)

The earliest time at which you became aware of the existence of any such fence; and,

b)

All facts informing your understanding of when any such fence was constructed and the amount of time that it remained erected upon either property; and,

c)

How, and the earliest time at which, you became aware that any such fence encroached upon a neighboring property; and,

d)

Each and every fact supporting, or tending to support, the contention that any such fence which encroached upon a neighboring property was intentionally constructed to encroach upon a neighboring property; and,

e)

Each and every fact supporting, or tending to support, the contention that any such fence which encroached upon a neighboring property was not maintained in a public, continuous, and peaceable, manner.

10.

If 2746 Grove Street has ever been the subject of any formal or informal enforcement action, notice of violation, stop work order, site visit, inspection, investigation, warning, order, citation, or report issued by the City of Brookhaven, City of Atlanta, DeKalb County, the Georgia Environmental Protection Division, or any other enforcement authority or court, please fully describe facts and circumstances of the same and identify all documents and correspondence related thereto. 11.

Please provide the dates, and a complete description of all land disturbing activities of any kind which have occurred at 2746 Grove Street since you acquired an interest therein, including but not limited to the burial of drainage pipes in 2021, specifically identifying: a)

The work performed; and,

b)

All documents, invoices, estimates, communications, permits, and correspondence related to such activities; and,

c)

The identity of all persons, corporations, and governmental entities that had any involvement in the design, location, approval, or construction related to such activities, or that were consulted regarding the same; and,

d)

The identity of all persons with whom you have communicated concerning the design,

location, approval, or construction related to such activities and the substance of all such communications. 12.

With respect to the planning, contemplation, design, location, approval, or construction related to activities referenced in your Response to Interrogatory No. 11 above, please identify, and provide a full and complete description of, all communications, plans, and actions which were

related in any way to preventing an artificial increase in the flow of water upon any neighboring properties.

13.

Please describe fully and in detail any and all testing, inspection, maintenance, or repairs which have been planned and/or performed with respect to any improvement identified in your Response

to

Interrogatory

No.

11

and

identify

all

documents,

communications,

and

correspondence reflecting same. Your Response to this Interrogatory should specifically include a full and complete description of each and every action that you, or any third-party, has taken to inspect, test, maintain, or repair the drainage pipes referenced in Interrogatory No. 11.

14. Please describe fully and in detail each and every action which has been taken by you or any third-party to evaluate whether the drainage pipes referenced in Interrogatory No. 11 are

causing an artificial increase in the flow of water upon neighboring properties, and identify all documents, communications, and correspondence reflecting same. 15. Please identify each and every action taken by you to prevent the flow of excess stormwater

drainage from 2746 Grove Street. 16.

Please state whether you have ever observed the flow of any water from 2746 Grove Street

onto any other property and provide a full and complete description of all such observations. 17.

Please identify, and provide a full and complete explanation of, each and every fact

supporting the contention that the flow of water from 2746 Grove Street has not been artificially increased.

18.

Please identify each and every action taken to measure, state, describe, and/or predict the

quantity and/or quality of stormwater discharged from 2746 Grove Street and identify all documents, communications, and correspondence related thereto. 19.

Please describe fully and in detail when and how you first became aware of the allegations

of excess storm water drainage from 2746 Grove Street which are asserted against you in this civilaction and describe each and every action you took to investigate and resolve those claims without litigation.

20.

To the extent not otherwise provided above, please provide the dates, and a complete description of all renovations and improvements of any kind which have been constructed upon 2746 Grove Street since you first acquired an interest therein, including but not limited to 1) enlarging and/or enclosing the back porch and/or deck, 2) replacing the fence, 3) installing cameras, and 4) installing exterior lights, specifically identifying: a)

The work performed; and,

b)

The reasons for such renovations and improvements; and,.

c)

All documents, invoices, estimates, communications, permits, and correspondence related to such renovations and improvements; and,

d)

The identity of all persons, corporations, and governmental entities that had any involvement in the

design,

location,

approval,

or construction related to

such

renovations and improvements, or that were consulted regarding the same; and, e)

The identity of all persons with whom you have communicated concerning the design, location, approval, or construction related to such renovations and improvements and the substance of all such communications. 21.

With respect to all renovations and improvements of any kind referenced in Interrogatory No. 20 above, please provide a full and complete description of each and every fact showing that each such renovation or improvement did not cause an encroachment upon 2740 Grove Street.

22.

With respect to all renovations and improvements of any kind referenced in Interrogatory N