ELECTRONICALLY FILED - 2023 Mar 09 9:46 AM - RICHLAND - COMMON PLEAS - CASE#2023CP4000817

STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS

) FOR THE FIFTH CIRCUIT
COUNTY OF RICHLAND ) C/A#: 2023-CP-40-00817
)
The City of Columbia, )
)
Plaintiff, )
)
) CONSENT ORDER FOR
-vs- ) TEMPORARY INJUCTION
)
Indigo 52, LLC, )
)
Defendant. )
___________________________________ )

This is an action for temporary and permanent injunctive relief by the Plaintiff, City of

Columbia, against the Defendant, Indigo 52, LLC, who are the owners and operators of

residential rental properties in the City of Columbia on Hyatt Avenue and more fully identified

in the Plaintiff’s Complaint.

A Temporary Restraining Order providing for emergency relief was granted by this Court

on February 16, 2023 and a hearing was set for February 27, 2023 at 9:30 a.m. at the Richland

County Courthouse on the Temporary Restraining Order and the temporary injunctive relief

requested by the Plaintiff, in the Plaintiff’s Complaint. On February 22, 2023, Defendant’s

counsel requested a Continuance and the aforementioned Hearing was rescheduled for

February 28, 2023 at 9:30 a.m.

Prior to the Hearing, the parties have consulted with each other and have entered into an

agreement on the temporary issues in this matter. The terms of the agreement are as follows:

1. That the Defendant, Indigo 52, LLC, shall reimburse Plaintiff for all accommodations, to

include costs and fees associated with the same, for the tenants and residents of Unit 5 in

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 ELECTRONICALLY FILED - 2023 Mar 09 9:46 AM - RICHLAND - COMMON PLEAS - CASE#2023CP4000817
Building 1, and all of Building 2 of 1218 Hyatt Park within five (5) business days of

receipt of this Order;

2. That the Defendant, Indigo 52, LLC, shall immediately take over payment of all

accommodations for the tenants and residents of Unit 5 in Building 1, and all of Building

2 of 1218 Hyatt Park until the life, health, and safety issues have been abated to allow the

tenants safely back into their residences, to also include executing all necessary

documentation to effectuate payment;

3. That the Defendant, Indigo 52, LLC, shall be restrained from collecting or receiving any

rental payments from the occupants of any residential rental unit owned and operated by

them within the municipal limits of the City of Columbia until they have obtained any

and all necessary documentation, licenses, inspections, and permits from the City of

Columbia Business License Office and the City of Columbia for the operation of leasing

or renting residential rental properties pursuant to the Code of Ordinances of the City of

Columbia;

4. That the Defendant, Indigo 52 LLC, shall be restrained from any attempts to evict the

tenants or occupants of any residential rental unit owned and operated by them within the

municipal limits of the City of Columbia until they have obtained any and all necessary

documentation, licenses, inspections, and permits from the City of Columbia Business

License Office and the City of Columbia for the operation of leasing or renting residential

rental properties pursuant to the Code of Ordinances of the City of Columbia ;

5. That the Defendant, Indigo 52, LLC, shall make all necessary repairs, by and through a

licensed contractor, who shall comply with Article III of Chapter 5 of the Code of

Ordinances for the City of Columbia, “Building Permits;”

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6. That the Defendant, Indigo 52, LLC, shall be restrained from transferring, selling, deeding,

conveying or otherwise assigning of any residential rental unit owned and operated by them

within the municipal limits of the City of Columbia without providing notice to the City of

Columbia with a copy of the closing documents as well as the name and address of the

purchaser, transferee, devisee, or potential new owner;

7. That Defendant, Indigo 52, LLC, shall comply with all of the ordinances of the City of

Columbia for all of its properties it maintains as residential rental units to include, but not

be limited to:

i. Compliance with the requires of the International Fire Code as interpreted

by the CFD Fire Marshall;
ii. Compliance with the requirements of the International Property
Maintenance Code, as adopted by the State of South Carolina and the City
of Columbia, and as interpreted by the Columbia Housing Official;
iii. Compliance with Chapter 11 of the Code of Ordinances for the City of
Columbia, “Licenses, Permits and Miscellaneous Business Regulations”;,
and
iv. Compliance with Article VIII of Chapter 5 of the Code of Ordinances for
the City of Columbia, “Rental Housing Regulations”

8. And that the parties acknowledge and agree that the hearing rescheduled for February 28,

2023 as required by the prior Temporary Restraining Order of this Court is no longer

necessary in this matter due to the agreement on the pertinent facts and law surrounding

the temporary relief granted herein.

NOW, THERFORE IT IS SO ORDERED that:

1. The Defendant, Indigo 52, LLC, shall reimburse Plaintiff for all accommodations, to

include costs and fees associated with the same, for the tenants and residents of Unit 5 in

Building 1, and all of Building 2 of 1218 Hyatt Park within five (5) business days of

receipt of this Order;

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 ELECTRONICALLY FILED - 2023 Mar 09 9:46 AM - RICHLAND - COMMON PLEAS - CASE#2023CP4000817
2. The Defendant, Indigo 52, LLC, shall immediately take over payment of all

accommodations for the tenants and residents of Unit 5 in Building 1, and all of Building

2 of 1218 Hyatt Park until the life, health, and safety issues have been abated to allow the

tenants safely back into their residences, to also include executing all necessary

documentation to effectuate payment;

3. The Defendant, Indigo 52, LLC, shall be restrained from collecting or receiving any

rental payments from the occupants of any residential rental unit owned and operated by

them within the municipal limits of the City of Columbia until they have come into

compliance with the terms of this Order;

4. The Defendant, Indigo 52 LLC, shall be restrained from any attempts to evict the tenants

or occupants of any residential rental unit owned and operated by them within the

municipal limits of the City of Columbia until they have come into compliance with the

Terms of this Order;

5. The Defendant, Indigo 52, LLC, shall make all necessary repairs, by and through a licensed

contractor, who shall comply with Article III of Chapter 5 of the Code of Ordinances for

the City of Columbia, “Building Permits;”

6. The Defendant, Indigo 52, LLC, shall be restrained from transferring, selling, deeding,

conveying or otherwise assigning of any residential rental unit owned and operated by them

within the municipal limits of the City of Columbia without providing notice to the City of

Columbia with a copy of the closing documents as well as the name and address of the

purchaser, transferee, devisee, or potential new owner;

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 ELECTRONICALLY FILED - 2023 Mar 09 9:46 AM - RICHLAND - COMMON PLEAS - CASE#2023CP4000817
7. And the Defendant, Indigo 52, LLC, shall comply with all of the ordinances of the City

of Columbia for all of its properties it maintains as residential rental units to include, but

not be limited to:

i. Compliance with the requires of the International Fire Code as interpreted

by the CFD Fire Marshall;
ii. Compliance with the requirements of the International Property
Maintenance Code, as adopted by the State of South Carolina and the City
of Columbia, and as interpreted by the Columbia Housing Official;
iii. Compliance with Chapter 11 of the Code of Ordinances for the City of
Columbia, “Licenses, Permits and Miscellaneous Business Regulations”;,
and
iv. Compliance with Article VIII of Chapter 5 of the Code of Ordinances for
the City of Columbia, “Rental Housing Regulations”

AND IT IS SO ORDERED.

_______________________________
Jocelyn Newman
Presiding Judge

___________________, 2023

I SO CONSENT: I SO CONSENT:

_ s/ Jazmon D. Kearse __________ s/Alexander S. Imgrund_______________

Jazmon D. Kearse Alexander S. Imgrund
Police Advisor for the City of Columbia Caskey & Imgrund, LLC
Senior Assistant City Attorney 1534 Blanding Street
W. Mike Hemlepp, Jr. Columbia, SC 29201
Senior Assistant City Attorney – Litigation Phone: (803) 708-3252
Post Office Box 667
Columbia, SC 29202
Phone: (803) 737-4242
Facsimile: (803) 737-4250
Email: [email protected]
[email protected]
Attorneys for Plaintiff Attorney for Defendant

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 ELECTRONICALLY FILED - 2023 Mar 09 9:46 AM - RICHLAND - COMMON PLEAS - CASE#2023CP4000817
Richland Common Pleas

Case Caption: City Of Columbia vs Indigo 52 Llc

Case Number: 2023CP4000817

Type: Order/Consent Order

So Ordered

Jocelyn Newman

Electronically signed on 2023-03-08 11:24:51 page 6 of 6