Professional Documents
Culture Documents
ELECTRONICALLY FILED
5/17/2018 2:52 PM
60-CV-2018-900027.00
CIRCUIT COURT OF
IN THE CIRCUIT COURT OF SUMTER COUNTY, SUMTER COUNTY, ALABAMA
ALABAMA
DEVON A. JAMES, CLERK
through its counsel, and hereby submits this Complaint for injunctive relief. In support thereof, the
PARTIES
1. Plaintiff Sumter County Board of Education is organized under the laws of the State
of Alabama with its principal place of business located in Sumter County, Alabama.
the laws of the State of Alabama, with its principal place of business in Livingston, Alabama in
Sumter County.
3. Defendant Dr. Ken Tucker is over the age of nineteen (19) and is the President of the
University of West Alabama. This Defendant is being sued in his individual and official capacities.
4. Defendant Jerry F. Smith is over the age of nineteen (19) and is a Member of the
Board of Trustees for the University of West Alabama. This Defendant is being sued in his
5. Defendant Randy Hillman is over the age of nineteen (19) and is a Member of the
Board of Trustees for the University of West Alabama. This Defendant is being sued in his
6. Defendant Hal Bloom, Jr. is over the age of nineteen (19) and is a Member of the
Board of Trustees for the University of West Alabama. This Defendant is being sued in his
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7. Defendant Justin Smith is over the age of nineteen (19) and is a Member of the Board
of Trustees for the University of West Alabama. This Defendant is being sued in his individual and
official capacities.
8. Defendant Terry Bunn is over the age of nineteen (19) and is a Member of the Board
of Trustees for the University of West. This Defendant is being sued in his individual and official
capacities.
9. Defendant Joseph Brown is over the age of nineteen (19) and is a Member of the
Board of Trustees for the University of West Alabama. This Defendant is being sued in his
10. Defendant Sheila S. Cloud is over the age of nineteen (19) and is a Member of the
Board of Trustees for the University of West Alabama. This Defendant is being sued in her
11. Defendant Jerry W. Groce is over the age of nineteen (19) and is a Member of the
Board of Trustees for the University of West. This Defendant is being sued in his individual and
official capacities.
12. Defendant John Killan is over the age of nineteen (19) and is a Member of the Board
of Trustees for the University of West. This Defendant is being sued in his individual and official
capacities.
13. Defendant Victor H. Vernon is over the age of nineteen (19) and is a Member of the
Board of Trustees for the University of West Alabama. This Defendant is being sued in his
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14. Defendant John Northcutt is over the age of nineteen (19) and was a Member of the
Board of Trustees for the University of West Alabama.This Defendant is being sued in his individual
15. Defendant Rebecca Lewis is over the age of nineteen (19) and was a Member of the
Board of Trustees for the University of West Alabama. This Defendant is being sued in her
16. Defendant Earlene Lindsey is over the age of nineteen (19) and was a Member of the
Board of Trustees for the University of West Alabama. This Defendant is being sued in her
17. Defendant Jean Anderson is over the age of nineteen (19) and is a Member of the
Board of Trustees for the University of West Alabama. This Defendant is being sued in her
18. Defendant Thomas Ballow Jr., is over the age of nineteen (19) and was a Member of
the Board of Trustees for the University of West Alabama. This Defendant is being sued in his
19. Defendant Willie B. O’Neil is over the age of nineteen (19) and was a Member of
the Board of Trustees for the University of West Alabama. This Defendant is being sued in his
20. Defendant Alex Saad is over the age of nineteen (19) and is a Member of the Board
of Trustees for the University of West Alabama. This Defendant is being sued in his individual and
official capacities.
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21. Defendant Margaret Lovett is over the age of nineteen (19) and was a Member of the
Board of Trustees for the University of West Alabama. This Defendant is being sued in her
22. Defendant Dr. Richard Holland is over the age of nineteen (19) and is the former
President to the University of West Alabama. This Defendant is being sued in his individual and
official capacities.
23. Defendant University Charter School is a corporation organized and existing under
the laws of the State of Alabama, with its principal place of business at Lyons Hall (formerly
24. Defendant Dr. Jan Miller is over the age of nineteen (19) and is a Board Member of
the University Charter School. This Defendant is being sued in her individual and official capacities.
25. Defendant Leslie Prystup Emory is over the age of nineteen (19) and is a Board
Member of the University Charter School. This Defendant is being sued in her individual and official
capacities.
26. Defendant Anthony Crear is over the age of nineteen (19) and is a Board Member of
the University Charter School. This Defendant is being sued in his individual and official capacities.
27. Defendant Dr. Robert E. Witt is over the age of nineteen (19) and is a Board Member
of the University Charter School. This Defendant is being sued in his individual and official
capacities.
28. Defendant Kyle B. Edmonds is over the age of nineteen (19) and is a Board Member
of the University Charter School. This Defendant is being sued in his individual and official
capacities.
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29. Defendant Veronica M. Triplett is over the age of nineteen (19) and is a Board
Member of the University Charter School. This Defendant is being sued in her individual and official
capacities.
30. Defendant Dr. Natasha Satcher is over the age of nineteen (19) and is a Board
Member of the University Charter School. This Defendant is being sued in her individual and official
capacities.
31. Defendant Micky Smith is over the age of nineteen (19) and is a Board Member of
the University Charter School. This Defendant is being sued in his individual and official capacities.
32. Venue is proper in this Court as the Plaintiff’s principal place of business is Sumter
County, Alabama and the Defendant either directly or through its agents and/or representatives
actually conducts business throughout Sumter County and this judicial circuit.
FACTUAL ALLEGATIONS
33. In the Complaint, whenever it is alleged that a Defendant did any act or thing, it is
alleged that such Defendant, officers, agents, servants, employees, attorneys, or representatives did
such act or thing and that, at the time the act or thing was done, it was done with the full express,
implied, or apparent authorization or ratification of the Defendant(s) or was done in the normal and
routine course and scope of employment of the Defendant(s), and/or officers, agents, servants,
34. On or about May 19, 2011, Defendant University of West Alabama executed a
contract for the purchase of real property situated in Sumter County, Alabama, known as Livingston
High School.
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A. The University of West Alabama shall not permit the Property to be utilized
for any private, charter, or other school entity serving students in kindergarten
through twelfth grade or in pre-kindergarten educational programs, unless
said school or programs are under the control or supervision of the Sumter
County Board of Education, or are a part of the school system that the Sumter
County Board of Education controls, supervises, or manages.
36. The sales contract also stated the above-referenced covenants would be included in
the Deed.
37. A local attorney hired by University of West Alabama drafted the deed for the sale
of Livingston High School and the State Superintendent executed the deed on behalf of the Sumter
38. The Deed was recorded with the Judge of Probate for Sumter County on June 27,
2011.
39. At all times during the negotiation of the sale of Livingston High School, University
of West Alabama represented that Livingston High School would not be used for a K-12 school.
Instead, the University of West Alabama represented that Livingston High School would be
renovated and used for the University’s expansion. Specifically, UWA represented the College of
40. On or about October 27, 2017, Plaintiff discovered University of West Alabama’s
intent to breach the restrictive covenants when University of West Alabama announced that the
University would open a Charter School in August of 2018 at Lyons Hall, formerly known as
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41. The actions of the University of West Alabama, in violation of the Agreement and
Covenants by operating a charter school on the subject property, have caused harm and will continue
to cause harm to the Sumter County Board of Education by adversely affecting enrollment and
funding.
42. In or about November 2017, the plaintiff contacted Dr. Ken Tucker and requested the
University of West Alabama honor the covenant it made to not use Livingston High School property
as a school.
43. In December 2017, counsel for University of West Alabama contacted plaintiff’s
representatives for the Sumter County Board of Education met to discuss the plaintiff’s request that
University of West Alabama cease use of Livingston High School as a school. The plaintiff again
asked University of West Alabama to honor the agreement between the parties.
45. On April 10, 2018, University of West Alabama and Sumter County Board of
Education met again. Sumter County Board of Education, for the third time, requested that the
University of West Alabama honor the restrictive covenants to which the parties agreed during the
46. To date, University of West Alabama has failed to cease its use of Livingston High
School property as a school. In fact, the University Charter School is slated to operate in the
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COUNT I
PRELIMINARY AND PERMANENT INJUNCTION
47. Plaintiff alleges and adopts each and every preceding paragraph as if fully set forth
herein and further alleges against Defendants, separately and severally, as follows:
48. The Sumter County Board of Education move this Court for a preliminary and
permanent injunction enjoining University of West Alabama and all its predecessors (merged,
acquired, or otherwise), successors, subsidiaries, divisions, departments, affiliates, sister and parent
entities, agents, representatives, employees, and other persons acting on its behalf from using the
Property formerly known as Livingston High School for any K-12 school purpose, and from any and
all uses of the Property which are inconsistent with the agreed-upon Covenants. Where there is no
inconsistency or ambiguity within a restrictive covenant, the clear and plain language of the covenant
is enforceable by injunctive relief. Dauphin Island Property Owners Ass’n, Inc. v. Kuppersmith, 371
49. Unless this Court restrains and enjoins The University of West Alabama and all of
affiliates, sister and parent entities, agents, representatives, employees, and other persons acting on
its behalf from using the Property for any purpose which violates the Covenants, the Sumter County
50. The actions of University of West Alabama are detrimental to the rights of the Sumter
51. Sumter County Board of Education has no adequate remedy at law for these injuries
and, therefore, requests that this Court issue a preliminary injunction and a permanent injunction
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52. Despite plaintiff’s repeated written and verbal notice to Defendants of their non-
compliance, Defendants have refused to take the necessary actions to comply with the Covenants.
53. This action seeks an immediate temporary restraining order pursuant to Rule 65,
Ala.R.Civ.P. 65(b), pending a hearing on a mandatory permanent injunction and trial on the merits
of this case.
54. Plaintiff has a likelihood of success on the merits of this Complaint in that the
evidence will show that the Covenants were recorded, the Covenants were referenced in the sales
55. Plaintiff has no adequate remedy at law. Monetary damages cannot make Plaintiff
whole. This dispute involves real property and thus, is unique. Therefore, the Plaintiff’s only viable
remedy is to enjoin the Defendants from allowing and/or operating a K-12 school on the
subject property.
57. The benefit of enjoining the covenant violations outweighs any negative impact the
restraining order or injunction would have on the Defendants and a grant of the injunction is not
COUNT II
FRAUD
58. Plaintiff alleges and adopts each and every preceding paragraph as if fully set forth
herein and further alleges against Defendants, separately and severally, as follows:
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60. Defendant induced Plaintiff to enter into a contract to sell Livingston High School
by representing that the purchased Property would not be used to establish a private, charter or other
President were not true. University of West Alabama and its Board of Trustee Members
misrepresented their intentions regarding Livingston High School. Defendants made such
62. Defendants intentionally suppressed from Plaintiff and its agents the true fact that
University of West Alabama always intended to establish a private, charter or other K-12 school
63. Richard D. Holland in his capacity as the President of the University of West
Alabama, made promises to Plaintiff to abide by the covenants of the sales contract which he and
64. The Defendants acted fraudulently, in bad faith, beyond their authority, or under a
65. Plaintiffs have been damaged and will continue to be damaged in an amount to be
proven at trial as a result of Defendant’s fraudulent and deceitful actions in misrepresenting material
WHEREFORE, the Sumter County Board of Education respectfully prays for judgment
against University of West Alabama declaring decreeing and adjudging that University of West
Alabama and all of its predecessors (merged, acquired, or otherwise), successors, subsidiaries,
divisions, departments, affiliates, sister and parent entities, agents, representatives, employees, and
other persons acting on its behalf are preliminary and permanently enjoined from using the Property
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in any manner or for any purpose which violates the Covenants, and such other relief as this Court
deems just and proper. The Plaintiff further requests compensatory and punitive damages in an
s/ E. Dianne Gamble
E. Dianne Gamble (GAM021)
dgamble@hillhillcarter.com
OF COUNSEL:
Hill, Hill, Carter, Franco, Cole & Black, P.C.
31 Inverness Center Parkway, Suite 120
Birmingham, Alabama 35242
(205) 271-1780 (Telephone)
(205) 271-1799 (Facsimile)
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EXHIBIT A