In the Circuit Court of Montgomery County, Alabama
ELECTRONICALLY FILED 3/18/2013 5:53 PM 03-CV-2013-900471.00 CIRCUIT COURT OF MONTGOMERY COUNTY, ALABAMA TIFFANY B. MCCORD, CLERK IN THE CIRCUIT COURT OF MONTGOMERY COUNTY, ALABAMA LYNN PETTWAY, * * Plaintiff, * v. * CV- 2013-_______ * DEL MARSH, CHAD FINCHER, * GERALD DIAL and JAY LOVE, * * Defendants. * * COMPLAINT COMES NOW the Plaintiff, Lynn Pettway, and for his Complaint states as follows: 1. This is an action for declaratory and injunctive relief under the Alabama Open Meetings Act, Title 36, Chapter 25A, Ala. Code 1975 regarding the "Alabama Accountability Act," House Bill 84 (hereinafter "HB84") from the 2013 Regular Session of the Alabama Legislature, now Act 2013-64, signed by Governor Bentley on March 14, 2013. This is also an action for a declaratory judgment pursuant to §6-6-222, Ala. Code 1975. 2. The Alabama Open Meetings Act is an enactment of the Legislature pursuant to Section 282, Ala. Const. 1901, to give effect to Section 57, Ala. Const. 1901 (requiring open meetings of the Legislature) and Section 53, Ala. Const. 1901 (giving the Legislature authority to enforce obedience to its rules of procedure). The Legislature created a judicial remedy for violations of this Act and bestowed jurisdiction over such violations, including violations by the Legislature itself, to this Court pursuant to §36-25A-9, Ala. Code 1975. 3. Because the adoption of the bill designated HB84 violated multiple provisions of the Open Meetings Act, Plaintiff has filed this action within 21 days of those violations, Defendants have acted intentionally and not as the result of mistake, inadvertence, or excusable neglect, and no third party has taken action or changed his or her position in good-faith reliance on HB84 having been lawfully adopted, this Court has jurisdiction under §36-25A-9(f) to invalidate the adoption of HB84, and thus the enactment of Act 2013-64.
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