Can I e-sign and file affidavits?

Yes when permitted by the court and local rules; ensure the signature method meets evidentiary and authentication requirements and include any required notary acknowledgement or oaths.

Is remote notarization acceptable?

Remote online notarization acceptance depends on state notary law and the court’s local policy; verify whether the court accepts RON jurisdiction-wide or requires in-person notarization.

What if my PDF upload is rejected?

Check file format (PDF/A preferred), file size limits, and document security settings; convert to a flattened PDF and re-attempt upload following CM/ECF guidance.

How should I format proposed orders?

Follow local rules for margins, font, and line spacing; provide a clean, editable proposed order and a separate version formatted for public docketing if required.

What happens if I miss a deadline?

Missing a deadline can result in dismissal, default, or sanctions; seek relief promptly through a motion for extension or nunc pro tunc relief supported by good cause.

Are electronic signatures legally enforceable?

Yes in most contexts under the federal ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, provided intent, consent, attribution, and record retention requirements are satisfied.

Electronic Signature
Templates
Other
United States District Court for the Southern District of Alabama

United States District Court for the Southern District of Alabama

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

Complaint for Declaratory Judgment, Temporary Restraining Order, Preliminary and Permanent Injunction

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT COURT OF

DIVISION

NAME OF PLAINTIFF

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, , .

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.O. 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 .

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 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 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 .

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: