City Injunction Against Meditation Center

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IN THE CIRCUIT COURT OF MOBILE COUNTY, ALABAMA

CITY OF MOBILE, a municipal corporation,

Plaintiff,

v.

SIVAPORN NIMITYONGSKUL, SERENA

NIMITYONGSKUL, VARIN

NIMITYONGSKUL, PRASIT

NIMITYONGSKUL and THE MEDITATION

CENTER OF ALABAMA,

Defendants.

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CIVIL ACTION NO: ___

COMPLAINT FOR PRELIMINARY AND PERMANENT INJUNCT

COMES NOW, Plaintiff City of Mobile (the “City”), and presents this C

Preliminary and Permanent Injunction against Defendants Sivaporn Nimityon

Nimityongskul, Varin Nimityongskul, and Prasit Nimityongskul (“Defendan

Meditation Center of Alabama (the “Meditation Center”). In support of its Comp

Mobile states as follows:

1. The Defendants own the property located at 2354 and 2410 E

Mobile, Alabama 36605 (the “Property”). The Property is zoned R-1, as part of a

residence district.

2. On September 11, 2015, Ms. Nimit filed an application for Planning

h f ll i i f h M di i C h P ( h “A

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3. Ms. Nimit appealed the Commission’s denial of her Application

Approval to the Mobile City Council on December 17, 2015. The City Counc

appeal on January 19, 2016. Thus, under the City’s Zoning Ordinance, the Propert

used as a single family residence.

4. Despite being denied permission by the City to use the Property as t

Center, on March 5, 2016, Ms. Nimit held a half-day meditation retreat. Inf

advertisements concerning this meditation retreat are attached hereto as Exhibit B.

5. Subsequently, on March 25, 2016, Ms. Nimit held another illeg

retreat, this one lasting three (3) days. Information and advertisements co

meditation retreat are attached hereto as Exhibit C.

6. Ms. Nimit is now planning another illegal meditation retreat on the P

retreat is scheduled to occur June 10-12, 2016, and will include yoga, meditation

led by Dawn Barie, a licensed clinical social worker specializing in mindfuln

therapy. Information and advertisements concerning this meditation retreat are at

as Exhibit D.

7. All of these retreats and classes are illegal activities under the C

Ordinance, as the Property is zoned for, and can only be used as, a single family re

Nimit is aware of the purposes for which the Property is zoned but continues to k

the Property to illegally operate the Meditation Center Further she is allowing gu

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Mobile; that the Court will grant a Preliminary and Permanent Injunction against th

requiring them to cease and desist all illegal activities and to comply with the C

Ordinance; and that the Court will award Plaintiff such other, further, and diffe

which this Court deems it may be entitled.

Respectfully submitted,

/s/Douglas L. Anderson

Douglas L. Anderson (AND03

Mignon A. Lunsford (ARR009

Attorneys for Plaintiff CITY OF MOBILE

OF COUNSEL:BURR & FORMAN LLP

RSA Tower

11 North Water Street, Suite 22200

Mobile, Alabama 36602

Telephone: (251) 344-5151Facsimile: (251) 344-9696

[email protected]

[email protected]

Defendants may be served by private process server.

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EXHIBIT A

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EXHIBIT B

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EXHIBIT C

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EXHIBIT D

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City Injunction Against Meditation Center