Brookhaven wins another decisive victory against illegal business

Owner sentenced to 180 days incarceration for his criminal contempt, more than $863,000 in fines now due

Brookhaven, GA, May 22, 2020 –Brookhaven has won another legal victory against an illegal adult-oriented business operating in the City.

On May 20, DeKalb Superior Court Judge Mark Anthony Scott issued his latest ruling against Stardust, 3007 LLC and its owner, Michael Morrison. 

“This is now the fourth time that the Court has found Morrison’s operation of Stardust to be illegal.  This Court found Morrison and Stardust in violation of the City’s regulations, so it entered the Injunctive Order…it is a willful contempt of this Injunctive Order.  Therefore, the Court punishes Morrison by imposing a term of 180 days imprisonment,” Judge Scott wrote in his order.

“This was the first major legal battle that our young City fought with the support of the inaugural City Council and every City Council since.  It was our first true test of protecting the integrity of Brookhaven’s ordinances,” said Mayor Pro Tempore Joe Gebbia, the District 4 City Council member representing the Buford Highway corridor.  “A lot was riding on the outcome of this challenge because of the potential negative impact it would have on the future redevelopment of the Buford Highway Corridor hangs in the balance.  We can’t expect quality, community-focused redevelopment around adult-oriented business.  It took seven years but with this victory justice has been duly served and the future of Buford Highway looks even brighter.” 

In addition, Judge Scott awarded additional penalties of $210,000 each for Stardust and Michael Morrison, bringing the total of court-ordered awards to more than $863,000.

“[B]ecause Stardust and its operators have shown they will not willingly obey this Court’s orders, the Court directs the DeKalb County Sheriff’s Office to enforce the closure order, if necessary, by padlocking the Stardust building at 3007 Buford Highway NE.,” Judge Scott ordered.

The litigation between the City of Brookhaven and Stardust has been ongoing since 2014 in State and Federal Court.  In the cases that Brookhaven was the plaintiff against Stardust, the City has always won.  In the cases that Brookhaven was the defendant, the City has never lost.

“This is another complete win for the City due to the quality legal representation provided by our City Attorney and outside counsel.  This has been a long, arduous process, but we have stayed the course and ultimately prevailed,” said City Manager Christian Sigman.

“As mayor, I take very seriously our responsibility to the community to uphold and enforce the rule of law, no matter how long it takes.  We owe it to our residents who deserve a high level of quality of life, and our business community to ensure everyone is treated equally,” said Mayor John Ernst.  “The wheels of justice sometimes turn slowly, but they are turning in the City’s favor.”