Subject: ORA Clarification – PRR-499-2025 / PRR-647-2025
Jeremy,
Thank you so much for your response and for your willingness to help
clarify my requests — I truly appreciate it.
Just to avoid any confusion, this ORA request is separate from any
litigation matter, and counsel does not represent me for purposes of
public-records requests. I’m comfortable corresponding directly with the
City as contemplated by O.C.G.A. § 50-18-70 et seq.
I really appreciate and welcome your offer for you to convene a call with
the appropriate City officials. There have been repeated sinkholes and
uniform subsidence around the entire corner ROW since the stormwater
project in 2018.
There has been an open ticket with public works (ID #4800069) for about a
year now, and Sean McCarthy mentioned to me that there was an investigation
into the storm drain in the right-of-way adjacent to my property. I have
reached out to Mr. McCarthy and have not received an answer. I am simply
hoping to understand the outcome of that investigation and review any
associated records, and seeking a resolution to fix broken stormwater
pipes, stop the sinkholes, and resolve the entire corner ROW from
continuing to sink.
Yes, thank you. I did not intend to limit my request to records created
after July 2025. Please treat PRR-499-2025 and PRR-647-2025 as requesting
all responsive records without date limitation, including inspections,
maintenance, or repair records, work orders, complaints, emails, notes,
maps, engineering materials, and communications related to the storm drains
near the corner Osborne Road & Grove Street, including any records
connected to the investigation.
I read that the Open Records Act also provides that agencies identify which
custodians were searched and include lawful withholding explanations for
any records withheld under O.C.G.A. § 50-18-72(h). I would be grateful to
receive that information along with the supplemental production, if
applicable.
If records exist clarifying which specific drain Mr. McCarthy referenced,
I’d appreciate receiving those as part of the response. If no such records
exist, a brief written no-records determination would also be very helpful.
Thank you again for your time and assistance. I truly appreciate your help
and look forward to the City’s full response within the next five (5)
business days so this request can be resolved smoothly.
Warm regards,
Sarah Zeeman
On Tue, Dec 2, 2025 at 2:10 PM Jeremy T. Berry <JBerry@cglawfirm.com> wrote:
> Ms. Zeeman, good afternoon. I serve as City Attorney for the City of
> Brookhaven and write in response to your email below. I have attached a
> copy of your two most recent requests – PRR 499 and PRR 647.
>
>
>
> I have copied your litigation counsel on this email out of an abundance of
> caution so he is aware of this matter. I am happy to communicate directly
> through him if that is your request given that you are represented by
> counsel and it is unclear whether this matter relates to your current
> litigation.
>
>
>
> First, to the extent possible, the City believes it has produced what it
> is able to discern from your requests. The City has previously responded
> to requests PRR-303-2025, PRR-321-2025, and PRR-499-2025.
>
>
>
> Second, regarding your request for records for work performed on the storm
> drain near Osborn Road and Grove Street, the City interpreted your request
> to refer to work performed on or after July 2025. There was no work done
> on the storm drain there in July 2025 or since then. Please let us know if
> your request sought records before July 2025.
>
>
>
> Third, request PRR 499 asks the City “to clarify which storm drain Sean
> McCarthy is referring to.” The Open Records Act is a means to producing
> public records, not engaging in dialogue. If you have specific questions,
> please feel free to reach out to Sean directly.
>
>
>
> Finally, I am happy to convene a call with the correct city officials to
> discuss and refine your request (perhaps even with specific search terms)
> so that the City can provide you with the public records you seek.
>
>
>
> Thank you,
>
> Jeremy
>
>
>
>
>
> *Jeremy Berry | Partner*
>
> *CHILIVIS GRUBMAN*
>
> 1834 Independence Square | Atlanta, Georgia 30338
>
> Main: 404.233.4171 | Direct: 404.262.6507 | Cell: 404.798.6961| E: *jberry@cglawfirm.com
> <jberry@cglawfirm.com>*
>
>
>
>
>
>
>
> *From:* Sarah Zeeman <szeeman@gmail.com>
> *Sent:* Monday, December 1, 2025 5:23 PM
> *To:*
> 8d99691d-f82b-430b-8bbb-9dc48d1c7365.BrookhavenGA@request.justfoia.com;
> BrookhavenGA@request.justfoia.com; Sandra Bryant <
> sandra.bryant@brookhavenga.gov>
> *Subject:* Re: Request Completed
>
>
>
> December 1, 2025
>
> Re: Deficient Production Under PRR-499-2025 / PRR-647-2025 – Formal Notice
> of Non-Compliance With the Georgia Open Records Act
>
>
>
> Dear City Clerk, Public Works, and City Attorney:
>
> This letter follows my Open Records Request originally submitted under
> PRR-499-2025 and later