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AlaFile E-Notice

03-CV-2019-901914.00

To: REBECCA LYNE CHAMBLISS


rchambliss@montgomeryal.gov

NOTICE OF ELECTRONIC FILING


IN THE CIRCUIT COURT OF MONTGOMERY COUNTY, ALABAMA

CITY OF MONTGOMERY V. EDGAR VALERIO AVALOS ET AL


03-CV-2019-901914.00

The following complaint was FILED on 10/16/2019 7:52:06 PM

Notice Date: 10/16/2019 7:52:06 PM

GINA J. ISHMAN
CIRCUIT COURT CLERK
MONTGOMERY COUNTY, ALABAMA
251 S. LAWRENCE STREET
MONTGOMERY, AL, 36104

334-832-1260
DOCUMENT 1
ELECTRONICALLY FILED
10/16/2019 7:52 PM
03-CV-2019-901914.00
State of Alabama Case Number: CIRCUIT COURT OF
COVER SHEET MONTGOMERY COUNTY, ALABAMA
Unified Judicial System
CIRCUIT COURT - CIVIL CASE 03-CV-2019-901914.00
GINA J. ISHMAN, CLERK
(Not For Domestic Relations Cases) Date of Filing: Judge Code:
Form ARCiv-93 Rev. 9/18
10/16/2019

GENERAL INFORMATION
IN THE CIRCUIT COURT OF MONTGOMERY COUNTY, ALABAMA
CITY OF MONTGOMERY v. EDGAR VALERIO AVALOS ET AL

First Plaintiff: Business Individual First Defendant: Business Individual


Government Other Government Other

NATURE OF SUIT: Select primary cause of action, by checking box (check only one) that best characterizes your action:

TORTS: PERSONAL INJURY OTHER CIVIL FILINGS (cont'd)


WDEA - Wrongful Death MSXX - Birth/Death Certificate Modification/Bond Forfeiture Appeal/
TONG - Negligence: General Enforcement of Agency Subpoena/Petition to Preserve

TOMV - Negligence: Motor Vehicle CVRT - Civil Rights


TOWA - Wantonness COND - Condemnation/Eminent Domain/Right-of-Way
TOPL - Product Liability/AEMLD CTMP - Contempt of Court
TOMM - Malpractice-Medical CONT - Contract/Ejectment/Writ of Seizure
TOLM - Malpractice-Legal TOCN - Conversion
TOOM - Malpractice-Other EQND - Equity Non-Damages Actions/Declaratory Judgment/
TBFM - Fraud/Bad Faith/Misrepresentation Injunction Election Contest/Quiet Title/Sale For Division

TOXX - Other: CVUD - Eviction Appeal/Unlawful Detainer


FORJ - Foreign Judgment
TORTS: PERSONAL INJURY FORF - Fruits of Crime Forfeiture
TOPE - Personal Property MSHC - Habeas Corpus/Extraordinary Writ/Mandamus/Prohibition
TORE - Real Properly PFAB - Protection From Abuse
EPFA - Elder Protection From Abuse
OTHER CIVIL FILINGS
FELA - Railroad/Seaman (FELA)
ABAN - Abandoned Automobile
RPRO - Real Property
ACCT - Account & Nonmortgage
WTEG - Will/Trust/Estate/Guardianship/Conservatorship
APAA - Administrative Agency Appeal
COMP - Workers’ Compensation
ADPA - Administrative Procedure Act
CVXX - Miscellaneous Circuit Civil Case
ANPS - Adults in Need of Protective Services

ORIGIN: F INITIAL FILING A APPEAL FROM O OTHER


DISTRICT COURT

R REMANDED T TRANSFERRED FROM


OTHER CIRCUIT COURT

Note: Checking "Yes" does not constitute a demand for a


HAS JURY TRIAL BEEN DEMANDED? YES NO jury trial. (See Rules 38 and 39, Ala.R.Civ.P, for procedure)

RELIEF REQUESTED: MONETARY AWARD REQUESTED NO MONETARY AWARD REQUESTED

ATTORNEY CODE:
DON038 10/16/2019 7:52:10 PM /s/ REBECCA LYNE CHAMBLISS
Date Signature of Attorney/Party filing this form

MEDIATION REQUESTED: YES NO UNDECIDED

Election to Proceed under the Alabama Rules for Expedited Civil Actions: YES NO
DOCUMENT 2
ELECTRONICALLY FILED
10/16/2019 7:52 PM
03-CV-2019-901914.00
CIRCUIT COURT OF
MONTGOMERY COUNTY, ALABAMA
GINA J. ISHMAN, CLERK
IN THE CIRCUIT COURT OF MONTGOMERY COUNTY, ALABAMA

THE CITY OF MONTGOMERY, )


)
Plaintiff, )
)
vs. ) Case No. CV-2019-
)
EDGAR VALERIO AVALOS and )
JAMES BROWN, individually and d/b/a )
VALERIO’S PROMOTIONS LLC; )
RANCHO EL PARAISO LLC; )
NOCHES LATINAS LLC; )
SALON DE LAS ESTRELLAS I LLC, )
)
Defendants. )

COMPLAINT TO ENJOIN AN ANTICIPATED PUBLIC NUISANCE

The City of Montgomery brings this action pursuant to Ala. Code §§ 6-5-122, 11-47-117,

and 11-47-118 (1975) to permanently enjoin and restrain Defendant(s) from any conduct and/or

use of the property located at 1890 Snowdoun Chambers Road (the “subject property”) that results

in violation of the City of Montgomery Zoning Ordinance, and/or what the City of Montgomery

Board of Adjustment has deemed a public nuisance.

VENUE

Venue for this action is properly in the Circuit Court of Montgomery County because the

subject property is located within the police jurisdiction of the City of Montgomery, and the public

interest which has been, and will continue to be, adversely affected is the use and enjoyment of

the surrounding property within Montgomery County.

PARTIES

1. Plaintiff the City of Montgomery is authorized by §§ 6-5-122, 11-47-117, and 11-

47-118 of the Code of Alabama (1975) to institute and prosecute this action to protect the rights

and interests of the community or any portion thereof. Section 6-5-125 of the Code of Alabama
DOCUMENT 2

(1975) authorizes a court to enjoin actions and/or conduct constituting a nuisance where it is shown

that the nuisance will cause injury irreparable in damages and which are, to a reasonable degree,

certain.

2. Defendant Edgar Valerio Avalos (hereinafter “Avalos”) is over the age of 19 years,

a resident of Montgomery, Alabama, and the owner of the subject property located at 1890

Snowdoun Chambers Road, which is within the police jurisdiction of the City of Montgomery.

3. Defendant James Brown (hereinafter “Brown”) is over the age of 19 years, a

resident of Montgomery, Alabama, and the lessee of the subject property located at 1890

Snowdoun Chambers Road, which is within the police jurisdiction of the City of Montgomery.

4. Defendant Valerio’s Promotions LLC (hereinafter “Valerio’s Promotions”) is an

Alabama Series Limited Liability Company that hosts, sponsors, promotes, and/or operates

commercial events on the subject property, which is located in an AGR-1 (Residential Agriculture)

zoning district within the Montgomery police jurisdiction. State filing identify Defendant James

Brown as the registered agent of Valerio’s Promotions.

5. Defendant Rancho El Paraiso LLC (hereinafter “Rancho El Paraiso”) is an

individual protected series of Valerio’s Promotions, that hosts, sponsors, promotes, and/or operates

commercial events on the subject property, which is located in an AGR-1 (Residential Agriculture)

zoning district within the Montgomery police jurisdiction. State filing identify Defendant James

Brown as the organizer and registered agent of Rancho El Paraiso.

6. Defendant Noches Latinas LLC (hereinafter “Noches Latinas”) is an individual

protected series of Valerio’s Promotions, that hosts, sponsors, promotes, and/or operates

commercial events on the subject property, which is located in an AGR-1 (Residential Agriculture)
DOCUMENT 2

zoning district within the Montgomery police jurisdiction. State filing identify Defendant James

Brown as the registered agent of Noches Latinas.

7. Defendant Salon de las Estrellas I LLC (hereinafter “Salon de las Estrellas”) is an

individual protected series of Valerio’s Promotions, that hosts, sponsors, promotes, and/or operates

commercial events on the subject property, which is located in an AGR-1 (Residential Agriculture)

zoning district within the Montgomery police jurisdiction. State filings identify Defendant James

Brown as the organizer, registered agent, and sole member of Salon de las Estrellas.

FACTS SUPPORTING PERMANENT INJUNCTION

8. Beginning in July 2019, and most recently on August 11, 2019, Defendants have

been hosting, sponsoring, promoting, and/or operating commercial events on the subject property

in violation of the City’s Zoning Ordinance and other local laws and regulations.

9. On at least two occasions since July 2019, Defendants have used the subject

property as a concert venue, festival, rodeo, and other large scale, paid-admission commercial

entertainment events that have had hundreds of people in attendance, continuous traffic to and

from the subject property late into the night, alcohol, stage lighting, concert music, reported

injuries that have required EMT response to the subject property, excessive noise, and other

activities causing disturbance to the neighboring property owners throughout the night, and on at

least one occasion, into the early morning hours on a Monday.

10. Defendants’ conduct, operations, and use of the subject property constitute a public

nuisance and significant hazard to the health, comfort, safety, and convenience to the community

and surrounding property owners.


DOCUMENT 2

11. Both the City of Montgomery and residents of the surrounding community have

attempted to address concerns regarding the hazardous use of the subject property directly with

the property owner, promoter, and lessee of the subject property to no avail.

12. Specifically, following the first event in July 2019, more than 20 residents of the

Snowdoun community presented to the Montgomery City Council meeting to report the hazardous

activities and noise nuisance occurring on the property. The property owner/lessee ignored the

community concerns, however, and proceeded to hold another commercial event on the subject

property in August 2019. Following the August 2019, event, the City’s Land Use Control

Administrator sent Defendants a letter again detailing the community’s concerns and ordered the

Defendants to cease, desist, and discontinue the violations and bring the property into compliance

with the City’s Zoning Ordinance.

13. In complete disregard for local laws, regulating agencies, and the surrounding

community, however, Defendants have planned, marketed, and promoted yet another large-scale,

paid-admission commercial entertainment event to occur on the subject property on October 19,

2019.

14. Following a special meeting and public hearing on October 15, 2019, the City of

Montgomery’s Board of Adjustment declared the subject property a public nuisance in violation

of City of Montgomery Zoning Ordinance, and ordered Defendants to immediately cease and

desist nonconforming use and/or conduct on the subject property.

15. As of the time of this Motion, however, Defendants are still planning and promoting

the October 19, 2019, event, in contravention of all authority.

PRAYER FOR RELIEF


DOCUMENT 2

WHEREFORE, Plaintiff City of Montgomery respectfully prays that this Honorable Court

will order Defendants to immediately cease and desist, will grant a permanent injunction

prohibiting and preventing any further or future conduct or use of the property located at 1890

Snowdoun Chambers Road, which is in violation of the City’s Zoning Ordinance and/or constitutes

a public nuisance or hazard to the community’s health, comfort, convenience, and right to enjoy

their own property. The City also requests this Honorable Court to award any such other and

further relief as may be just and proper.

Respectfully submitted, this 16th day of October, 2019.

REBECCA L. CHAMBLISS (DON038)


Attorney for the City of Montgomery

OF COUNSEL:
CITY OF MONTGOMERY
Legal Department
Post Office Box 1111
Montgomery, AL 36101-1111
Telephone: 334.625.2050
Facsimile: 334.625.2310
rchambliss@montgomeryal.gov