03-CV-2019-901914.00
GINA J. ISHMAN
CIRCUIT COURT CLERK
MONTGOMERY COUNTY, ALABAMA
251 S. LAWRENCE STREET
MONTGOMERY, AL, 36104
334-832-1260
DOCUMENT 1
ELECTRONICALLY FILED
10/16/2019 7:52 PM
03-CV-2019-901914.00
State of Alabama Case Number: CIRCUIT COURT OF
COVER SHEET MONTGOMERY COUNTY, ALABAMA
Unified Judicial System
CIRCUIT COURT - CIVIL CASE 03-CV-2019-901914.00
GINA J. ISHMAN, CLERK
(Not For Domestic Relations Cases) Date of Filing: Judge Code:
Form ARCiv-93 Rev. 9/18
10/16/2019
GENERAL INFORMATION
IN THE CIRCUIT COURT OF MONTGOMERY COUNTY, ALABAMA
CITY OF MONTGOMERY v. EDGAR VALERIO AVALOS ET AL
NATURE OF SUIT: Select primary cause of action, by checking box (check only one) that best characterizes your action:
ATTORNEY CODE:
DON038 10/16/2019 7:52:10 PM /s/ REBECCA LYNE CHAMBLISS
Date Signature of Attorney/Party filing this form
Election to Proceed under the Alabama Rules for Expedited Civil Actions: YES NO
DOCUMENT 2
ELECTRONICALLY FILED
10/16/2019 7:52 PM
03-CV-2019-901914.00
CIRCUIT COURT OF
MONTGOMERY COUNTY, ALABAMA
GINA J. ISHMAN, CLERK
IN THE CIRCUIT COURT OF MONTGOMERY COUNTY, ALABAMA
The City of Montgomery brings this action pursuant to Ala. Code §§ 6-5-122, 11-47-117,
and 11-47-118 (1975) to permanently enjoin and restrain Defendant(s) from any conduct and/or
use of the property located at 1890 Snowdoun Chambers Road (the “subject property”) that results
in violation of the City of Montgomery Zoning Ordinance, and/or what the City of Montgomery
VENUE
Venue for this action is properly in the Circuit Court of Montgomery County because the
subject property is located within the police jurisdiction of the City of Montgomery, and the public
interest which has been, and will continue to be, adversely affected is the use and enjoyment of
PARTIES
47-118 of the Code of Alabama (1975) to institute and prosecute this action to protect the rights
and interests of the community or any portion thereof. Section 6-5-125 of the Code of Alabama
DOCUMENT 2
(1975) authorizes a court to enjoin actions and/or conduct constituting a nuisance where it is shown
that the nuisance will cause injury irreparable in damages and which are, to a reasonable degree,
certain.
2. Defendant Edgar Valerio Avalos (hereinafter “Avalos”) is over the age of 19 years,
a resident of Montgomery, Alabama, and the owner of the subject property located at 1890
Snowdoun Chambers Road, which is within the police jurisdiction of the City of Montgomery.
resident of Montgomery, Alabama, and the lessee of the subject property located at 1890
Snowdoun Chambers Road, which is within the police jurisdiction of the City of Montgomery.
Alabama Series Limited Liability Company that hosts, sponsors, promotes, and/or operates
commercial events on the subject property, which is located in an AGR-1 (Residential Agriculture)
zoning district within the Montgomery police jurisdiction. State filing identify Defendant James
individual protected series of Valerio’s Promotions, that hosts, sponsors, promotes, and/or operates
commercial events on the subject property, which is located in an AGR-1 (Residential Agriculture)
zoning district within the Montgomery police jurisdiction. State filing identify Defendant James
protected series of Valerio’s Promotions, that hosts, sponsors, promotes, and/or operates
commercial events on the subject property, which is located in an AGR-1 (Residential Agriculture)
DOCUMENT 2
zoning district within the Montgomery police jurisdiction. State filing identify Defendant James
individual protected series of Valerio’s Promotions, that hosts, sponsors, promotes, and/or operates
commercial events on the subject property, which is located in an AGR-1 (Residential Agriculture)
zoning district within the Montgomery police jurisdiction. State filings identify Defendant James
Brown as the organizer, registered agent, and sole member of Salon de las Estrellas.
8. Beginning in July 2019, and most recently on August 11, 2019, Defendants have
been hosting, sponsoring, promoting, and/or operating commercial events on the subject property
in violation of the City’s Zoning Ordinance and other local laws and regulations.
9. On at least two occasions since July 2019, Defendants have used the subject
property as a concert venue, festival, rodeo, and other large scale, paid-admission commercial
entertainment events that have had hundreds of people in attendance, continuous traffic to and
from the subject property late into the night, alcohol, stage lighting, concert music, reported
injuries that have required EMT response to the subject property, excessive noise, and other
activities causing disturbance to the neighboring property owners throughout the night, and on at
10. Defendants’ conduct, operations, and use of the subject property constitute a public
nuisance and significant hazard to the health, comfort, safety, and convenience to the community
11. Both the City of Montgomery and residents of the surrounding community have
attempted to address concerns regarding the hazardous use of the subject property directly with
the property owner, promoter, and lessee of the subject property to no avail.
12. Specifically, following the first event in July 2019, more than 20 residents of the
Snowdoun community presented to the Montgomery City Council meeting to report the hazardous
activities and noise nuisance occurring on the property. The property owner/lessee ignored the
community concerns, however, and proceeded to hold another commercial event on the subject
property in August 2019. Following the August 2019, event, the City’s Land Use Control
Administrator sent Defendants a letter again detailing the community’s concerns and ordered the
Defendants to cease, desist, and discontinue the violations and bring the property into compliance
13. In complete disregard for local laws, regulating agencies, and the surrounding
community, however, Defendants have planned, marketed, and promoted yet another large-scale,
paid-admission commercial entertainment event to occur on the subject property on October 19,
2019.
14. Following a special meeting and public hearing on October 15, 2019, the City of
Montgomery’s Board of Adjustment declared the subject property a public nuisance in violation
of City of Montgomery Zoning Ordinance, and ordered Defendants to immediately cease and
15. As of the time of this Motion, however, Defendants are still planning and promoting
WHEREFORE, Plaintiff City of Montgomery respectfully prays that this Honorable Court
will order Defendants to immediately cease and desist, will grant a permanent injunction
prohibiting and preventing any further or future conduct or use of the property located at 1890
Snowdoun Chambers Road, which is in violation of the City’s Zoning Ordinance and/or constitutes
a public nuisance or hazard to the community’s health, comfort, convenience, and right to enjoy
their own property. The City also requests this Honorable Court to award any such other and
OF COUNSEL:
CITY OF MONTGOMERY
Legal Department
Post Office Box 1111
Montgomery, AL 36101-1111
Telephone: 334.625.2050
Facsimile: 334.625.2310
rchambliss@montgomeryal.gov