IN THE UNITED STATES DISTRICT COURT
FOR THE__________ DISTRICT COURT OF ________
____________ DIVISION
NAME OF PLAINTIFF )
)
) Case No.
Vs. )
NAME OF DEFENDANTS )
)
The Board of Supervisors of ________
County, ___________, The Board of
Supervisors of ___________ County,
___________, The Board of Supervisors of
____________ County, The Board of
Supervisors of __________ County. )
)
)
)
)
)
COMPLAINT FOR DECLARATORY JUDGMENT, TEMPORARY
RESTRAINING ORDER, PRELIMINARY AND PERMANENT INJUNCTION
COMES NOW, __________, pursuant to Rules 57 and 65 of the Federal Rules of Civil
Procedure, and files its Complaint for Declaratory Judgment. Temporary Restraining Order,
Preliminary and Permanent Injunction, to - wit:
I. JURISDICTION
Jurisdiction of this Court is invoked pursuant to Title 28 of the United States Code,
Sections 1331 and 1343, this being a suit in equity authorized by Title 42 of the United States
Code, Section 1983. Jurisdiction is further invoked under Title 28 of the United States Code.
Sections 2201 and 2202, this being a suit for declaratory judgment. Diversity of
citizenship exists between the parties, and the value of the protection sought by Plaintiff exceeds
the amount in controversy requirements.
II. VENUE
Venue is proper in this district under Title 28 of the United States Code, Section 1392
since it is a district in which one or more defendants reside.
III. PARTIES
A. Plaintiff __________ is a corporation organized and existing under the laws of the State
of __________, authorized to and doing business in the State of __________.
B. Defendant, Board of Supervisors of __________ County, __________, is the governing
body of __________ County, __________, who may be served with process by service
upon __________, Chancery Clerk of __________ County, __________, __________,
__________, __________ __________.
C. Defendant, Board of Supervisors of __________ County, __________, is the governing
body of __________ County, __________, who may be served with process by service
upon __________, Chancery Clerk of __________ County, __________,
__________ County Courthouse, __________, __________ _________.
D. Defendant, Board of Supervisors of __________ County, __________, is the governing
body of __________ County, __________, who may be served with process by service
upon the Chancery Clerk of __________ County, _________, P.O. Box _________,
_________, __________ __________.
E. Defendant, Board of Supervisors of __________ County, is the governing body of
__________ County, __________, who may be served with process by service upon the
Chancery Clerk of __________ County, __________, _________, P.O. Box _________,
_________, __________ _________.
F. Defendant, Board of Supervisors of __________ County, __________, is the governing
body of __________ County, __________, who may be served with process by service
upon the Chancery Clerk of __________ County, __________, _________. P. 0. Box
_________, _________. __________ _________.
G. Defendant, Board of Supervisors of __________ County, __________, is the governing
body of __________ County, __________, who may be served with process by service
upon the Chancery Clerk of __________ County, __________, _________, P.O. Box
_________, __________, __________ _________.
IV. STANDING
Plaintiff __________ (hereinafter referred to as "__________") a commercial pork
producer, has a significant investment in each of the defendant counties and currently has
pending permits with the Department of Environmental Quality in anticipation of fulfilling
contractual obligations to citizens in each of the defendant counties, as well as contractual
obligations to __________, the largest pork processor in the State of __________. The actions
taken by each of the defendant boards of supervisors has caused irreparable harm to PFI in that
the ordinances adopted by each defendant contain regulations of the hog farm industry which, as
applied. Prohibit further expansion of hog farms operations in each of the defendant counties,
and, in effect, have rendered __________'s contractual obligations commercially impracticable.
The ordinances adopted by each of the defendant boards of supervisors have caused significant
injury in fact to __________ in that __________ cannot meet the regulations on any of the
pending permit locations. __________, therefore, meets the case or controversy requirements of
U.S. Const. Art. III, Sec. 2.
All of the Defendants named herein have adopted ordinances regulating the hog farm
industry, copies of each said ordinance to be exhibited hereafter. Title 42 of the United States
Code. Section 1983 subjects "every person who, under color of any statute of any state subjects
any citizen of the United States or other persons within the jurisdiction thereof to the deprivation
of any rights, privileges or immunities secured by the Constitution and law" to liability in a "suit
in equity, or other proper proceeding for redress." Defendants were, and at all times material to
this action, acting in their position as governing bodies under color of state law. Adoption and
enforcement of the ordinances exhibited hereafter constitutes a deprivation of the rights,
privileges and immunities secured by the Constitution and laws of the United States to Plaintiff,
__________.
VI. CAUSE OF ACTION
A. This action challenges an Ordinance Regulating all County Agricultural Enterprises
Requiring a Permit from the Department of Environmental Quality or any Federal
Environmental Agency adopted by Defendant. Board of Supervisors of __________
County, __________, on an unknown date but to become effective on and after
__________ __, ____, a true and correct copy of which is attached hereto, marked
Exhibit 1.
1. This ordinance violates procedural due process in that Plaintiff was provided no
notice prior to the enactment of said ordinance, which adversely affects
the property interest of Plaintiff as mandated under U.S. Const. Amend. 14.
2. The ordinance is unconstitutional, illegal and invalid in that it was not passed for
the purpose of promotion of public health, safety and morals as required
by the statutes empowering the Board of Supervisors of __________ County to
pass said ordinance, and is, therefore violative of the substantive due process rights
of Plaintiff under the Constitution of the United States and the Constitution
of the State of __________.
3. The ordinance is unconstitutional, illegal and invalid in that as applied against
Plaintiff it constitutes a taking without just compensation in violation of
the Constitution of the United States and the Constitution of the State of
__________.
4. The ordinance violates the Equal Protection Clause of the Fourteenth Amendment
of the United States Constitution, in that it sets out an impermissible classification
for regulation of the hog farm industry and does not regulate similarly other
operations or activities which may emit odors into the atmosphere. The
classification cannot be supported by any compelling state interest,
nor is it narrowly tailored to effectuate any state interest which may exist.
5. The ordinance is unconstitutionally over broad and vague, arbitrary, capricious
and without substantial evidentiary basis. Public interest is slight while
Plaintiff suffers great restriction and injury.
6. The Board of Supervisors of __________ County exceeded its power granted
under the Constitution of the State of __________ and statutes of the State
of __________ in that it makes provision for permits by the county for
agricultural purposes, which is specifically prohibited by Section ___________
(_____).
7. The ordinances regulation of the location of agricultural enterprises completely
restrains Plaintiff from completing its contractual obligations and is
tantamount to inverse condemnation pursuant to Section _________ (______), which
would entitle __________ to compensation pursuant to Section ______________
(_____).
8. The ordinance's provision for permits for agricultural operations is pre - empted by
state law in that the Department of Environmental Quality is the
regulatory agency of the State of __________ responsible for issuing permits
for agricultural operations.
9. The ordinance unreasonably prevents citizens, including Plaintiff, from engaging
in lawful business activities involving commercial hog farm operations.
10. No substantial or reasonable relation exists between the mandates of the county's
interest in public health, safety and general welfare and Plaintiff's hog
farm operations.
11. The Board of Supervisors of __________ County willfully enacted this ordinance
with the intent to selectively hinder. Restrict and damage the lawful
business activities of Plaintiff while ignoring numerous other activities or
operations which emit odors.
12. The ordinance is an improper usurpation of power by the Board of Supervisors of
__________ County when the actions taken are specifically not allowed
by the Constitution of the State of __________ any laws of the State of
__________ and specifically in express violation of ___________ Sections
_________ and ________ (________).
B. This action challenges an Ordinance Regulating all County Agricultural Enterprises
Requiring a Permit from the Department of Environmental Quality or any Federal
Environmental Agency adopted by Defendant, Board of Supervisors of __________
County, __________, on an __________ date but to become effective on and after
__________, ____, a true and correct copy of which is attached hereto, marked Exhibit
2.
1. The ordinance is unconstitutional, illegal and invalid in that it was not passed for
the purpose of promotion of public health, safety, and morals as required
by the statutes empowering the Board of Supervisors of __________ County to
pass said ordinance, and is, therefore, violative of the substantive due process rights
of Plaintiff under the Constitution of the United States and the Constitution
of the State of __________.
2. The ordinance is unconstitutional, illegal and invalid in that as applied against
Plaintiff it constitutes a taking without just compensation in violation of
the Constitution of the United States and the Constitution of the State of
__________.
3. The ordinance violates the Equal Protection Clause of the Fourteenth Amendment
of the United States Constitution, in that it sets out an impermissible classification
for regulation of the hog farm industry and does not regulate similarly other
agricultural operations or business activities which may emit odors into
the atmosphere The classification cannot be supported by any compelling
state interest, nor is it narrowly tailored to effectuate any state interest which
may exist.
4. The ordinance is unconstitutionally over broad and vague, arbitrary, capricious
and without substantial evidentiary basis. Public interest is slight while
Plaintiff suffers great restriction and injury.
5. The Board of Supervisors of __________ County exceeded its power granted
under the Constitution of the State of __________ and statutes of the State
of __________ in that it makes provision for permits by the county for
agricultural purposes, which is specifically prohibited by _____________,
_____________ (______).
6. The ordinance's regulation of the location of agricultural enterprises completely
restrains Plaintiff from completing its contractual obligations and is
tantamount to inverse condemnation pursuant to Section ________ ____________
(_____), which would entitle __________ to compensation pursuant to
Section ___________ __________ (______).
7. The ordinance's provision for permits for agricultural operations is pre - empted
that the Department of Environmental Quality is the regulatory agency of
the State responsible for issuing permits for agricultural operations.
8. The ordinance unreasonably prevents citizens. Including Plaintiff from engaging
in lawful business activities involving commercial hog farm operations.
9. No substantial or reasonable relation exists between the mandates of the
Ordinance, the county's interest in public health, safety and general
welfare and Plaintiff's commercial hog farm operations.
10. The Board of Supervisors of __________ County willfully enacted this ordinance
with the intent to selectively hinder. Restrict and damage the lawful
business activities of Plaintiff while ignoring other agricultural operations
and numerous other activities or operations which emit odors.
11. The ordinance is an improper usurpation of power by the Board of Supervisors of
__________ County when the actions taken are specifically not allowed
by the Constitution of the State of __________. Any laws of the State of
__________, and specifically in express violation of ___________ Sections
__________ and ____________ (________).
C. This action challenges an Ordinance Regulating all County Agricultural Enterprises
Requiring a Permit from the Department of Environmental Quality or any Federal
Environmental by state law in of __________ Agency adopted by Defendant Board of
Supervisors of __________ County, __________, on an unknown date but to become
effective on and after _________ __, _____, a true and correct copy of which is attached
hereto, marked Exhibit 3.
1. This ordinance violates procedural due process in that Plaintiff was provided no
notice prior to the enactment of said ordinance, which adversely affects
the property interest of Plaintiff as mandated under U.S. Const. Amend. 14.
2. The ordinance is unconstitutional, illegal, and invalid in that it was not passed for
the purpose of promotion of public health, safety and morals as required
by the statutes empowering the Board of Supervisors of __________ County to
pass said ordinance, and is, therefore, violative of the substantive due process rights
of Plaintiff under the Constitution of the United States and the Constitution
of the State of __________.
3. The ordinance is unconstitutional, illegal and invalid in that as applied against
Plaintiff it constitutes a taking without just compensation in violation of
the Constitution of the United States and the Constitution of the State of
__________.
4. The ordinance violates the Equal Protection Clause of the Fourteenth Amendment
of the United States Constitution in that it sets out an impermissible classification
for regulation of the hog farm industry and does not regulate similarly
other operations or activities which may emit odors into the atmosphere. The
classification cannot be supported by any compelling state interest,
nor is it narrowly tailored to effectuate any state interest, which may exist.
5. The ordinance is unconstitutionally over broad and vague, arbitrary, capricious
and without substantial evidentiary basis. Public interest is slight while
Plaintiff suffers great restriction and injury.
6. The Board of Supervisors of __________ County exceeded its power granted
under the Constitution of the State of __________ and statutes of the State
of __________ in that it makes provision for permits by the county for
agricultural purposes, which is specifically prohibited by Section __________,
__________ (_________).
7. The ordinance's regulation of the location of agricultural enterprises completely
restrains Plaintiff from completing its contractual obligations and is
tantamount to inverse condemnation pursuant to Section ____________ __________
(______), which would entitle __________ to compensation pursuant to
Section __________, ________ (______).
8. The ordinance's provision for permits for agricultural operations is pre - empted by
state law in that the Department of Environmental Quality is the
regulatory agency of the State of __________ responsible for issuing permits
for agricultural operations.
9. The ordinance unreasonably prevents citizens, including Plaintiff, from lawful
business activities involving commercial hog farm operations.
10. No substantial or reasonable relation exists between the mandates of the county's
interest in public health, safety and general welfare and Plaintiff's hog
farm operations.
11. The Board of Supervisors of __________ County willfully enacted this ordinance
with the intent to selectively hinder. Restrict and damage the lawful
business activities of Plaintiff while ignoring numerous other activities or
operations which emit odors, engaging in Ordinance.
12. The ordinance is an improper usurpation of power by the Board of Supervisors of
__________ County when the actions taken are specifically not allowed
by the Constitution of the State of __________ any laws of the State of
__________ and specifically in express violation of ________ Section
_____________.
D. This action challenges an Ordinance Regulating all County Agricultural Enterprises
Requiring a Permit from the Department of Environmental Quality or any Federal
Environmental Agency adopted by Defendant, Board of Supervisors of __________
County, __________ on an unknown date but to become effective on and after
__________, ____, a true and correct copy of which is attached hereto, marked Exhibit
4.
1. The ordinance is unconstitutional, illegal and invalid in that it was not passed for
the purpose of promotion of public health, safety and morals as required
by the statutes empowering the Board of Supervisors of __________ County to
pass said ordinance, and is, therefore, violative of the substantive due process rights
of Plaintiff under the Constitution of the United States and the Constitution
of the State of __________.
2. The ordinance is unconstitutional, illegal, and invalid in that as applied against
Plaintiff it constitutes a taking without just compensation in violation of
the Constitution of the United States and the Constitution of the State of
__________.
3. The ordinance violates the Equal Protection Clause of the Fourteenth Amendment
of the United States Constitution, in that it sets out an impermissible classification
for regulation of the hog farm industry and does not regulate similarly other
agricultural operations or business activities which may emit odors in the
atmosphere. The classification cannot be supported by any
compelling state interest, nor is it narrowly tailored to effectuate any state
interest, which may exist.
4. The ordinance is unconstitutionally over broad and vague, arbitrary, capricious
and without substantial evidentiary basis. Public interest is slight while
Plaintiff suffers great restriction and injury.
5. The Board of Supervisors of __________ County exceeded its power granted
under the Constitution of the State of __________ and statutes of the State
of __________ in that it makes provision for permits by the county for
agricultural purposes, which is specifically prohibited by Section __________,
____________ (_____).
6. The ordinance's regulation of the location of agricultural enterprises completely
restrains Plaintiff from completing its contractual obligations and is
tantamount to inverse condemnation pursuant to Section ________, __________
(_____) that would entitle __________ to compensation pursuant to Section
___________, ________ (_____).
7. The ordinance's provision for permits for agricultural operations is pre - empted
that the Department of Environmental Quality is the regularly agency of
the State responsible for issuing permits for agricultural operations.
8. The ordinance unreasonably prevents citizens, including Plaintiff, from engaging
in lawful business activities involving commercial hog farm operations.
9. No substantial or reasonable relation exists between the mandates of the
Ordinance, the county's interest in public health, safety and general
welfare and Plaintiff's commercial hog farm operations by state law in of
__________.
10. The Board of Supervisors of __________ County willfully enacted this ordinance
with the intent to selectively hinder, restrict and damage the lawful
business activities of Plaintiff while ignoring other agricultural operations
and numerous other activities or operations which emit odors.
11. The ordinance is an improper usurpation of power by the Board of Supervisors of
__________ County when the actions taken are specifically not allowed
by the Constitution of the State of __________, any laws of the State of
__________, and specifically in express violation of ___________ Section
___________.
E. This action challenges an Ordinance Regulating all County Agricultural Enterprises
Requiring a Permit from the Department of Environmental Quality or any Federal
Environmental Agency adopted by Defendant. Board of Supervisors of __________
County, __________on an unknown date but to become effective on and after
____________, ____. A true and correct copy of which is attached hereto, marked
Exhibit 5.
1. This ordinance violates procedural due process in that Plaintiff was provided no
notice prior to the enactment of said ordinance, which adversely affects
the property interest of Plaintiff as mandated under U.S. Const. Amend. 14.
2. The ordinance is unconstitutional, illegal and invalid in that it was not passed for
the purpose of promotion of public health. Safety and morals as required
by the statutes empowering the Board of Supervisors of __________ County to
pass said ordinance, and is. Therefore, violative of the substantive due process
rights of Plaintiff under the Constitution of the United States and the
Constitution of the State of __________.
3. The ordinance is unconstitutional, illegal and invalid in that as applied against
Plaintiff it constitutes a taking without just compensation in violation of
the Constitution of the United States and the Constitution of the State of
__________.
4. The ordinance violates the Equal Protection Clause of the Fourteenth Amendment
of the United States Constitution, in that it sets out an impermissible classification
for regulation of the hog farm industry and does not regulate similarly other
agricultural operations or business activities which may emit odors into
the atmosphere. The classification cannot be supported by any compelling
state interest, nor is it narrowly tailored to effectuate any state interest, which
may exist.
5. The ordinance is unconstitutionally over broad and vague, arbitrary, capricious
and without substantial evidentiary basis. Public interest is slight while
Plaintiff suffers great restriction and injury.
6. The Board of Supervisors of __________ County exceeded its power granted
under the Constitution of the State of __________ and statutes of the State
of __________ in that it makes provision for permits by the county for
agricultural purposes which is specifically prohibited by Section _______,
__________ (_____).
7. The ordinance's regulation of the location of agricultural enterprises completely
restrains Plaintiff from completing its contractual obligations and is
tantamount to inverse condemnation pursuant to Section ______, ___________ (____),
which would entitle __________ to compensation pursuant to Section ________,
__________ (_____).
8. The ordinance's provision for permits for agricultural operations is pre - empted by
state law in that the Department of Environmental Quality is the
regulatory agency of the State of __________ responsible for issuing permits
for agricultural operations.
9. The ordinance unreasonably prevents citizens. Including Plaintiff from engaging
in lawful business activities involving commercial hog farm operations.
10. No substantial or reasonable relation exists between the mandates of the
Ordinance, the county's interest in public health, safety, and general
welfare and Plaintiff's commercial hog farm operations.
11. The Board of Supervisors of __________ County willfully enacted this ordinance
with the intent to selectively hinder, restrict and damage the lawful
business activities of Plaintiff while ignoring other agricultural operations
and numerous other activities or operations which emit odors.
12. The ordinance is an improper usurpation of power by the Board of Supervisors of
__________ County when the actions taken are specifically not allowed
by the Constitution of the State of __________ any laws of the State of
__________, and specifically in express violation of ____________ Sections
________ and ___________.
F. This action challenges an Ordinance Regulating all County Agricultural Enterprises
requiring a Permit from the Department of Environmental Quality or any Federal
Environmental Agency adopted by Defendant. Board of Supervisors of __________
County. __________. on an unknown date but to become effective on and after
____________, ______, a true and correct copy of which is attached hereto, marked
Exhibit 6.
1. This ordinance violates procedural due process in that Plaintiff was provided no
notice prior to the enactment of said ordinance, which adversely affects
the property interest of Plaintiff as mandated under U.S. Const. Amend. 14.
2. The ordinance is unconstitutional, illegal and invalid in that it was not passed for
the purpose of promotion of public health, safety and morals as required by the
statutes empowering the Board of Supervisors of __________ County to pass said
ordinance, and is, therefore, violative of the substantive due process rights of
Plaintiff under the Constitution of the United States and the Constitution of the
State of __________.
3. The ordinance is unconstitutional, illegal, and invalid in that as applied against
Plaintiff it constitutes a taking without just compensation in violation of the
Constitution of the United States and the Constitution of the State of __________.
4. The ordinance violates the Equal Protection Clause of the Fourteenth Amendment
of the United States Constitution, in that it sets out an impermissible classification
for regulation of the hog farm industry and does not regulate similarly other
agricultural operations or business activities which may emit odors into the
atmosphere. The classification cannot be supported by any compelling state
interest, nor is it narrowly tailored to effectuate any state interest which may
exist.
5. The ordinance is unconstitutionally over broad and vague, arbitrary, capricious
and without substantial evidentiary basis. Public interest is slight while Plaintiff
suffers great restriction and injury.
6. The Board of Supervisors of __________ County exceeded its power granted
under the Constitution of the State of __________ and statutes of the State of
__________ in that it makes provision for permits by the county for agricultural
purposes, which is specifically prohibited by __________, _________ (______).
7. The ordinance's regulation of the location of agricultural enterprises completely
restrains Plaintiff from completing its contractual obligations and is tantamount to
inverse condemnation pursuant to Section _____________ (______), which
would entitle __________ to compensation pursuant to Section ____________,
__________ (______).
8. The ordinance's provision for permits for agricultural operations is pre - empted by
state law in that the Department of Environmental Quality is the regulatory
agency of the State of _________ responsible for issuing permits for agricultural
operations.
9. The ordinance unreasonably prevents citizens, including Plaintiff, from engaging
in lawful business activities involving commercial hog farm operations.
10. No substantial or reasonable relation exists between the mandates of the county's
interest in public health, safety, and general welfare and Plaintiff's hog farm
operations.
11. The Board of Supervisors of __________ County willfully enacted this ordinance
with the intent to selectively hinder, restrict, and damage the lawful business
activities of Plaintiff while ignoring other agricultural operations and numerous
other activities or operations which emit odors.
12. The ordinance is an improper usurpation of power by the Board of Supervisors of
__________ County when the actions taken are specifically not allowed by the
Constitution of the State of __________, any laws of the State of __________,
and specifically in express violation of _________, Sections ________ and
__________ Ordinance.
VII. REQUESTED RELIEF
A. Relief against Defendant, Board of Supervisors of __________ County, __________:
1. The Plaintiff respectfully requests that a temporary restraining order be put in
place restraining said county from enforcing said ordinance pending entry of a
preliminary and permanent injunction as to enforcement of said ordinance;
2. The Plaintiff respectfully requests that this Court enter a declaratory judgment
finding the ordinance invalid and unconstitutional in violation of Plaintiff's
federal and state constitutional and statutory rights;
3. The Plaintiff respectfully requests that this Court award court costs, attorney's
fees, expenses resulting from this action, and damages.
B. Relief against Defendant, Board of Supervisors of __________ County, __________:
1. The Plaintiff respectfully requests that this Court enter a temporary restraining
order be put in place restraining said county from enforcing said ordinance
pending entry of a preliminary and permanent injunction as to enforcement of
said ordinance:
2. The Plaintiff respectfully requests that a declaratory judgment finding the
ordinance invalid and unconstitutional in violation of Plaintiff's federal and state
constitutional and statutory rights;
3. The Plaintiff respectfully requests that this Court award court costs, attorney's
fees, expenses resulting from this action, and damages.
C. Relief against Defendant, Board of Supervisors of __________ County, __________:
1. The Plaintiff respectfully requests that this Court enter a temporary restraining
order be put in place restraining said county from enforcing said ordinance
pending entry of a preliminary and permanent injunction as to enforcement of
said ordinance;
2. The Plaintiff respectfully requests that a declaratory judgment finding the
ordinance invalid and unconstitutional in violation of Plaintiff's federal and state
constitutional and statutory rights;
3. The Plaintiff respectfully requests that this Court award court costs, attorney's
fees, expenses resulting from this action, and damages.
D. Relief against Defendant, Board of Supervisors of __________ County, __________:
1. The Plaintiff respectfully requests that this Court enter a temporary restraining
order be put in place restraining said county from enforcing said ordinance
pending entry of a preliminary and permanent injunction as to enforcement of
said ordinance;
2. The Plaintiff respectfully requests that a declaratory judgment finding the
ordinance invalid and unconstitutional in violation of Plaintiff's federal and state
constitutional and statutory rights;
3. The Plaintiff respectfully requests that this Court award court costs, attorney's
fees, expenses resulting from this action and damages.
E. Relief against Defendant. Board of Supervisors of __________ County,
__________:
1. The Plaintiff respectfully requests that this Court enter a temporary restraining
order be put in place restraining said county from enforcing said ordinance
pending entry of a preliminary and permanent injunction as to enforcement of
said ordinance;
2. The Plaintiff respectfully requests that a declaratory judgment finding the
ordinance invalid and unconstitutional in violation of Plaintiff's federal and state
constitutional and statutory rights:
3. The Plaintiff respectfully requests that this Court award court costs, attorney's
fees, expenses resulting from this action, and damages.
F. Relief against Defendant, Board of Supervisors of __________ County, __________:
1. The Plaintiff respectfully requests that this Court enter a temporary restraining
order be put in place restraining said county from enforcing said ordinance
pending entry of a preliminary and permanent injunction as to enforcement of
said ordinance;
2. The Plaintiff respectfully requests that a declaratory judgment finding the
ordinance invalid and unconstitutional in violation of Plaintiff's federal and state
constitutional and statutory rights;
3. The Plaintiff respectfully requests that this Court award court costs, attorney's
fees, expenses resulting from this action and damages.
Respectfully submitted,
___________________________________
