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AlaFile E-Notice
To: JAMES S. WARD
01-CV-2017-900016.00
NOTICE OF ELECTRONIC FILING
IN THE CIRCUIT COURT OF JEFFERSON COUNTY, ALABAMA
The following complaint was FILED on 1/3/2017 2:47:08 PM
JOHN MCALLISTER ET AL V. MT. OLIVE PARK AND RECREATION ASSOC ET AL
01-CV-2017-900016.00
Notice Date: 1/3/2017 2:47:08 PM
ANNE-MARIE ADAMS
CIRCUIT COURT CLERK
JEFFERSON COUNTY, ALABAMA
716 N. RICHARD ARRINGTON BLVD.
BIRMINGHAM, AL, 35203
205-325-5355
JEFFERSON COUNTY, ALABAMA
WDEA - Wrongful Death
/s/ JAMES S. WARD1/3/2017 2:46:55 PMWAR006
ATTORNEY CODE:
UNDECIDEDNOYESMEDIATION REQUESTED:
NO MONETARY AWARD REQUESTEDMONETARY AWARD REQUESTEDRELIEF REQUESTED:
NOYESHAS JURY TRIAL BEEN DEMANDED?
OTHERO
TRANSFERRED FROMOTHER CIRCUIT COURT
APPEAL FROMDISTRICT COURT
REMANDED
INITIAL FILING
T
A
R
FORIGIN:
CVXX - Miscellaneous Circuit Civil Case
COMP - Workers’ Compensation
WTEG - Will/Trust/Estate/Guardianship/Conservatorship
RPRO - Real Property
FELA - Railroad/Seaman (FELA)
PFAB - Protection From Abuse
MSHC - Habeas Corpus/Extraordinary Writ/Mandamus/Prohibition
FORF - Fruits of Crime Forfeiture
FORJ - Foreign Judgment
CVUD - Eviction Appeal/Unlawful Detainer
Equity Non-Damages Actions/Declaratory Judgment/Injunction Election Contest/Quiet Title/Sale For Division
EQND -
TOCN - Conversion
Birth/Death Certificate Modification/Bond Forfeiture Appeal/Enforcement of Agency Subpoena/Petition to Preserve
CONT - Contract/Ejectment/Writ of Seizure
CTMP - Contempt of Court
COND - Condemnation/Eminent Domain/Right-of-Way
CVRT - Civil Rights
MSXX -
OTHER CIVIL FILINGS (cont'd)
ANPS - Adults in Need of Protective Service
ADPA - Administrative Procedure Act
APAA - Administrative Agency Appeal
ACCT - Account & Nonmortgage
ABAN - Abandoned Automobile
OTHER CIVIL FILINGS
TORE - Real Properly
TOPE - Personal Property
TORTS: PERSONAL INJURY
TOXX - Other:
TBFM - Fraud/Bad Faith/Misrepresentation
TOOM - Malpractice-Other
TOLM - Malpractice-Legal
TOWA - Wantonness
TOPL - Product Liability/AEMLD
TOMM - Malpractice-Medical
TOMV - Negligence: Motor Vehicle
TONG - Negligence: General
TORTS: PERSONAL INJURY
NATURE OF SUIT:
Other
Individual
Government
First Defendant: Business
Other
Individual
Government
BusinessFirst Plaintiff:
IN THE CIRCUIT COURT OF JEFFERSON COUNTY, ALABAMA
GENERAL INFORMATION
Judge Code:
01/03/2017
01-CV-2017-900016.00Date of Filing:
Case Number:
(Not For Domestic Relations Cases)
CIRCUIT COURT - CIVIL CASECOVER SHEET
Form ARCiv-93 Rev.5/99
Unified Judicial System
State of Alabama
JOHN MCALLISTER ET AL v. MT. OLIVE PARK AND RECREATION ASSOC ET AL
Select primary cause of action, by checking box (check only one) that best characterizes your action:
Date
Note: Checking "Yes" does not constitute a demand for a
jury trial. (See Rules 38 and 39, Ala.R.Civ.P, for procedure)
Signature of Attorney/Party filing this form
ELECTRONICALLY FILED1/3/2017 2:46 PM
01-CV-2017-900016.00CIRCUIT COURT OF
JEFFERSON COUNTY, ALABAMAANNE-MARIE ADAMS, CLERK
DOCUMENT 1
Page 1 of 6
IN THE CIRCUIT COURT OF JEFFERSON COUNTY, ALABAMA JOHN MACALLISTER, PEGGY MACALLISTER, DALE JONES
Plaintiff, v. MT. OLIVE PARK AND RECREATION ASSOCIATION, INC., an Alabama Non-Profit Corporation, DARREN MARTIN, as President, and GARDENDALE BAPTIST TABERNACLE/TABERNACLE CHRISTIAN SCHOOL, INC.,
Defendants.
)))))))))))))))
CASE NO:
COMPLAINT FOR RESCISSION AND DECLARATORY RELIEF
COMES NOW the Plaintiffs, by and through undersigned counsel, and asserts its
complaint against Defendants and state as follows:
THE PARTIES
1. Plaintiff John MacAllister is a resident of the Mt. Olive community in
Jefferson County, Alabama.
2. Plaintiff Peggy MacAllister is a resident of the Mt. Olive community in
Jefferson County, Alabama and is also a past Secretary/Treasurer of the Mt. Olive Park
and Recreation Association, Inc.
3. Plaintiff Dale Jones is a resident of the Mt. Olive community in Jefferson
County, Alabama.
4. Defendant Mt. Olive Park and Recreation Association, Inc. (MOPRA), was
ELECTRONICALLY FILED1/3/2017 2:46 PM
01-CV-2017-900016.00CIRCUIT COURT OF
JEFFERSON COUNTY, ALABAMAANNE-MARIE ADAMS, CLERK
DOCUMENT 2
Page 2 of 6
or is a non-profit corporation organized and existing under the laws of the State of
Alabama which was organized and formed to provide, maintain and supervise ball parks
and recreational facilities in and for the community of Mt. Olive, Alabama and for the
benefit of its residents.
5. Defendant Darren Martin was or is the President of MOPRA.
6. Defendant Gardendale Baptist Tabernacle/Tabernacle Christian School,
Inc. is located in Jefferson County, AL (GBT).
FACTS
5. On September 4, 1958, MOPRA was formed as evidenced by a Certificate
of Incorporation filed with the Jefferson County Judge of Probate on September 15, 1958,
a copy of the same being attached hereto as Exhibit “A”.
6. The purpose of MOPRA was to furnish parks and recreational facilities in
and for the community of Mt. Olive, which is located in Jefferson County, Alabama.
MOPRA was organized as a non-profit organization with a perpetual duration. (See
Exhibit “A” hereto).
7. On September 22, 1958, MOPRA duly adopted By-laws which are attached
hereto as Exhibit “B”. Among other things, the By-laws provide that the business of the
corporation shall be transacted by vote without any voting by proxy.
8. On May 12, 1995, the Certificate of Incorporation of MOPRA was amended,
specifically Article Three thereof, to provide as follows:
“ARTICLE THREE: The purpose of this corporation is to provide, maintain, and supervise ball parks and recreational facilities in the community of Mt. Olive, Alabama, which is located in Jefferson County,
DOCUMENT 2
Page 3 of 6
Alabama, for the purpose of supporting, coordinating, and organizing youth baseball and softball, as well as providing the above facilities to the local churches and other independent softball teams on a non-profit basis.”
A copy of referenced Amendment is attached hereto as Exhibit “C”
9. On October 1, 2001, a Restrictive Covenant was entered into imposing a
covenant on real property described therein mandating that said property is to be used as
a ball park only. The referenced covenant was recorded in the Office of the Jefferson
County Judge of Probate on March 5, 2002 and a copy is attached hereto as Exhibit “D”.
10. Since the formation of MOPRA, citizens of the Mt. Olive community to
include children enjoyed and used the property owned by the MOPRA to play baseball,
softball and family social events.
11. On or about November 23, 2015, without a properly noticed and called
meeting of the Board of Directors or Members of MOPRA, a vote of the same and/or
notice to the community, the property used for many years as ball fields and/or social
events was sold to Gardendale Baptist Tabernacle/Tabernacle Christian School as
evidenced by the deed attached hereto as Exhibit “E”. The deed was executed on behalf
of MOPRA by Defendant Martin as President. As a result of the conveyance of the ball
fields owned by MOPRA, the purpose for MOPRA as set out above has been thwarted
resulting in the inability of the residents of Mt. Olive community, including the family of
Plaintiff Jones, to use and enjoy the referenced ball fields. Plaintiffs allege that access to
the ball fields prevented by locks and/or fees are being charged to utilize the ball fields for
the first time ever.
DOCUMENT 2
Page 4 of 6
12. Likewise, for the reasons stated above, Plaintiff John MacAllister can no
longer engage in activities as a player agent.
13. Alabama law provides the following as it relates to non-profit corporations:
(a) Management of the affairs of such a corporation is vested to a Board
of Directors. (Code of Alabama, (1975) § 10A-3-1.02(2)).
(b) Any sale or other disposition of all or substantially all of the property
and assets of a non-profit corporation is authorized only in the case of the
Members entitled to vote, the Board of Directors adopting a resolution
recommending the action and directing that the same be submitted to a vote at a
meeting pursuant to written notice (see Code of Alabama, (1975) § 10A-3-6.01(1))
and in the case of no Members or Members entitled to vote by vote of a majority of
the Directors in office. (Code of Alabama, (1975) § 10A-3-6.01(2)).
(c) A voluntary dissolution and distribution of assets is authorized if
there are members entitled to vote for the adoption of a resolution by the Board of
Directors recommending the action and directing that the same be submitted to a
vote at a meeting pursuant to written notice (see Code of Alabama, (1975) §
10A-3-7.01(a)(1)) and if no Members or no Members entitled to vote at a meeting
of the Board upon the adoption of a majority vote of the Directors in office. (Code of
Alabama, (1975) § 10A-3-7.01(a)(2)).
14. The Plaintiffs allege that none of the mandated actions necessary for the
lawful conveyance of the assets of MOPRA took place and therefore further allege that
the conveyance by the deed referenced above is null and void and due to be rescinded.
DOCUMENT 2
Page 5 of 6
15. As a result of the actions alleged above, Plaintiff Jones and his sons can no
longer use the ball fields nor can the citizens of Mt. Olive have the unfettered access
previously available for social functions and events. Moreover, Plaintiff John MacAllister
has been deprived of his opportunities to act as a player agent and Peggy MacAllister has
an interest as past officer of MOPRA to ensure that it acts in a proper and lawful manner.
16. Defendant GBT is exercising control over the ball fields and is preventing
the access and use formerly available to the citizens of Mt. Olive. GBT has refused to
convey the subject real estate back to MOPRA in light and despite of MOPRA not having
the authority to or properly conveying the subject real estate.
COUNT ONE
17. Plaintiffs adopt and incorporate as if fully set out herein the allegations of
the previous paragraphs.
18. There is a need for the Court to determine the respective rights and
interests of the parties relating to the subject real estate and specifically whether the
conveyance from MOPRA to GBT was lawful, proper and in compliance with the Articles
and Bylaws of MOPRA and the applicable provisions of Alabama law.
WHEREFORE, Plaintiffs demand the Court to declare and determine that the
conveyance described herein from MOPRA to GBT was improper, unlawful or invalid,
award to Plaintiffs a judgment requiring GBT to convey the subject real estate to MOPRA
and further appointing new Board members of MOPRA to carry out the original mission of
MOPRA since no dissolution took place.
DOCUMENT 2
Page 6 of 6
COUNT TWO
19. Plaintiffs adopt and incorporate as if fully set out herein the allegations of
the previous paragraphs.
20. Based on the acts and/or omissions described herein, the described
conveyance is unlawful and invalid and due to be rescinded.
WHEREFORE, Plaintiffs demand the Court enter a judgment which rescinds the
conveyance described herein.
Respectfully submitted,
/s James S. Ward James S. Ward (WAR006)
Attorney for John MacAllister, Peggy MacAllister and Dale Jones
OF COUNSEL: James S. Ward Ward & Wilson, L.L.C. 2100A Southbridge Parkway Suite 580 Birmingham, Alabama 35209 Tel: 205/871-5404 [email protected] DEFENDANTS TO BE SERVED BY: SPECIAL PROCESS SERVER Darren Martin, President Mt. Olive Park and Recreation Association, Inc. 141 County Road 1683 Holly Pond, Alabama 35083 Gardendale Baptist Tabernacle/Tabernacle Christian School, Inc. c/o Rick Nelson, Registered Agent 2619 Decatur Highway Gardendale, Alabama 35071
DOCUMENT 2
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