Professional Documents
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03-CV-2016-900483.00
To: DILLARD JOEL EVAN
jdillard@baxleydillard.com
Notice Date:
4/11/2016 9:38:27 AM
TIFFANY B. MCCORD
CIRCUIT COURT CLERK
MONTGOMERY COUNTY, ALABAMA
251 S. LAWRENCE STREET
MONTGOMERY, AL 36104
334-832-1260
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ELECTRONICALLY FILED
4/11/2016 9:38 AM
03-CV-2016-900483.00
CIRCUIT COURT OF
MONTGOMERY COUNTY, ALABAMA
TIFFANY B. MCCORD, CLERK
)
)
Plaintiff,
)
)
v.
)CASE NO. CV-2016-900483.00
)
GOVERNOR ROBERT BENTLEY,
)
individually and in his
)
official capacity as an
)
officer of the State of
)
Alabama; COMMISSIONER
)
GUNTER GUY, individually
)
and in his official
)
capacity as an officer
)
of the State of Alabama,
)
LUTHER STRANGE, individ)
ually and in his official
)
capacity as an officer
)
of the State of Alabama;
)
WILLIAM NEWTON, individ)
ually and in his official
)
capacity as State Finance
)
Director and R. COOPER SHATTUCK )
individually and as Executive
)
Director of the University of
)
Alabama Systems Gulf State
)
Park Project and an officer
)
of the State of Alabama,
)
)
Defendants.
)
____________________________________________________________
FIRST AMENDED COMPLAINT FOR DECLARATORY JUDGMENT,
TO CHALLENGE AND RESTRAIN STATE OFFICERS ENGAGED
IN THE UNLAWFUL DISBURSEMENT OF STATE FUNDS,
AND FOR A WRIT OF QUO WARRANTO
____________________________________________________________
Comes Plaintiff, pursuant to his right as a taxpayer to
challenge, by way of a declaratory judgment, the unlawful
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Defendant
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Project for which they are being expended did not exist
until 2013, and no National Resource Damage Assessment funds
or Restore Act funds have been lawfully awarded.
20. Defendants attempted to obtain approval to spend
National Resource Damage Assessment funds for construction
of the project described by this complaint and by Code of
Ala., 9-14E-1, et seq., but that attempt was enjoined by
the United States District Court for the Southern District
of Alabama on February 16, 2016.
10
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____________________________________________________________
COUNT ONE
COMPLAINT FOR DECLARATORY JUDGMENT
AND CHALLENGE TO RESTRAIN STATE OFFICERS ENGAGED
IN THE UNLAWFUL DISBURSEMENT OF STATE FUNDS
____________________________________________________________
22. Plaintiff incorporates by reference all preceding
allegations contained in this complaint in support of this
Count One.
23. Plaintiff brings this civil action pursuant to the
Alabama Declaratory Judgment Act, Code of Ala., 66-220 et
seq., Rule 57, Alabama Rules of Civil Procedure, and case
law decided by the Supreme Court of Alabama in Ex parte
Chemical Waste Management, Inc., 929 So.2d 1007, 1013 (Ala.
2005); Zeigler v. Baker, 344 So.2d 761, 763-764 (Ala. 1977);
Goode v. Tyler, 237 Ala. 106, 109 (Ala. 1939) to obtain a
judicial declaration that Defendants are engaged in an
unlawful disbursement of state funds at Gulf State Park, and
to restrain them from doing so.
24. Plaintiff is a person under Code of Ala., 6-6220.
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33.
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Plaintiff respectfully
demands, as further relief pursuant to Code of Ala., 6-6222 and 6-6230, and the authorities cited herein, an order
and judgment that Defendants are restrained from the
expenditure of state funds for any of the purposes described
by Code of Ala., 9-14E-1 through 9-14E-10, due to their
repeal pursuant to the above cited provision of Code of
Ala., 9-14E-9.
s/William J. Baxley
William J. Baxley BAX001
bbaxley@baxleydillard.com
S/Joel E. Dillard
Joel E. Dillard DIL005
jdillard@baxleydillard.com
s/Elizabeth W. McElroy
Elizabeth W. McElroy WOO080
bmcelroy@baxleydillard.com
BAXLEY, DILLARD, McKNIGHT,
JAMES & McELROY
Post Office Box 530333
Birmingham, AL 35253-0333
Telephone: 205.271.1100
Telecopier: 205.271.1108
19
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CERTIFICATE OF SERVICE
I hereby certify that on this the 11th day of April,
2016, a copy of the above and foregoing document was served
on all parties by placing a copy of same in the United
States mail, postage prepaid and properly addressed as
follows:
Robert Bentley
Office of the Governor
State of Alabama
600 Dexter Avenue
Montgomery, Alabama 36130
Gunter Guy,
Commissioner, Department of
Conservation and Natural Resources
State of Alabama
64 North Union Street
Montgomery, Alabama 36130
Luther Strange
Attorney General
State of Alabama
501 Washington Avenue
Montgomery, Alabama 36104
William Newton
Finance Director
State of Alabama
600 Dexter Avenue
Montgomery, Alabama 36130
R. Cooper Shattuck
University of Alabama System
Sid McDonald Hall
500 University Boulevard East
Tuscaloosa, Alabama 35401
s/ Elizabeth W. McElroy
Of Counsel
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