DOCUMENT 2

ELECTRONICALLY FILED
5/26/2016 4:18 PM
02-CV-2016-901095.00
CIRCUIT COURT OF
MOBILE COUNTY, ALABAMA
JOJO SCHWARZAUER, CLERK

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,

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CIVIL ACTION NO: _____________

Defendants.
COMPLAINT FOR PRELIMINARY AND PERMANENT INJUNCTION
COMES NOW, Plaintiff City of Mobile (the City), and presents this Complaint for
Preliminary and Permanent Injunction against Defendants Sivaporn Nimityongskul, Serena
Nimityongskul, Varin Nimityongskul, and Prasit Nimityongskul (Defendants) and the
Meditation Center of Alabama (the Meditation Center). In support of its Complaint, City of
Mobile states as follows:
1.

The Defendants own the property located at 2354 and 2410 Eloong Drive,

Mobile, Alabama 36605 (the Property). The Property is zoned R-1, as part of a single-family
residence district.
2.

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

the purpose of allowing operation of the Meditation Center on the Property (the Application).
The original Application proposed the construction of two 2,000 square foot cottages with four
bedrooms each, a 600 square foot restroom facility, a 2,400 square foot meditation center, and
associated parking. The Application was denied by the Planning Commission of the City of
Mobile (the Commission) on December 3, 2015. (See Exhibit "A")

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DOCUMENT 2

3.

Ms. Nimit appealed the Commissions denial of her Application for Planning

Approval to the Mobile City Council on December 17, 2015. The City Council denied her
appeal on January 19, 2016. Thus, under the Citys Zoning Ordinance, the Property can only be
used as a single family residence.
4.

Despite being denied permission by the City to use the Property as the Meditation

Center, on March 5, 2016, Ms. Nimit held a half-day meditation retreat. Information and
advertisements concerning this meditation retreat are attached hereto as Exhibit B.
5.

Subsequently, on March 25, 2016, Ms. Nimit held another illegal meditation

retreat, this one lasting three (3) days.

Information and advertisements concerning this

meditation retreat are attached hereto as Exhibit C.

6.

Ms. Nimit is now planning another illegal meditation retreat on the Property. The

retreat is scheduled to occur June 10-12, 2016, and will include yoga, meditation and seminars
led by Dawn Barie, a licensed clinical social worker specializing in mindfulness behavior
therapy. Information and advertisements concerning this meditation retreat are attached hereto
as Exhibit D.
7.

All of these retreats and classes are illegal activities under the Citys Zoning

Ordinance, as the Property is zoned for, and can only be used as, a single family residence. Ms.
Nimit is aware of the purposes for which the Property is zoned but continues to knowingly use
the Property to illegally operate the Meditation Center. Further, she is allowing guests to spend
the night on the property for a financial contribution, which also violates the City's zoning
ordinance and fire and safety codes.
WHEREFORE, Plaintiff prays that this Honorable Court will set the issues stated herein
for trial and declare that the Defendants are in violation of the Zoning Ordinance of the City of

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DOCUMENT 2

Mobile; that the Court will grant a Preliminary and Permanent Injunction against the Defendants,
requiring them to cease and desist all illegal activities and to comply with the Citys Zoning
Ordinance; and that the Court will award Plaintiff such other, further, and different relief to
which this Court deems it may be entitled.
Respectfully submitted,

/s/Douglas L. Anderson
Douglas L. Anderson (AND030)
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) 344-5151
Facsimile: (251) 344-9696
danderso@burr.com
mlunsford@burr.com

Defendants may be served by private process server.

27565508 v1

DOCUMENT 3
ELECTRONICALLY FILED
5/26/2016 4:18 PM
02-CV-2016-901095.00
CIRCUIT COURT OF
MOBILE COUNTY, ALABAMA
JOJO SCHWARZAUER, CLERK

EXHIBIT A

DOCUMENT 4
ELECTRONICALLY FILED
5/26/2016 4:18 PM
02-CV-2016-901095.00
CIRCUIT COURT OF
MOBILE COUNTY, ALABAMA
JOJO SCHWARZAUER, CLERK

EXHIBIT B

DOCUMENT 5
ELECTRONICALLY FILED
5/26/2016 4:18 PM
02-CV-2016-901095.00
CIRCUIT COURT OF
MOBILE COUNTY, ALABAMA
JOJO SCHWARZAUER, CLERK

EXHIBIT C

DOCUMENT 6
ELECTRONICALLY FILED
5/26/2016 4:18 PM
02-CV-2016-901095.00
CIRCUIT COURT OF
MOBILE COUNTY, ALABAMA
JOJO SCHWARZAUER, CLERK

EXHIBIT D