DOCUMENT 2

ELECTRONICALLY FILED
8/2/2017 4:10 PM
11-CV-2017-900434.00
CIRCUIT COURT OF
CALHOUN COUNTY, ALABAMA
KIM MCCARSON, CLERK
IN THE CIRCUIT COURT OF CALHOUN COUNTY, ALABAMA

STATE OF ALABAMA DEPARTMENT )

OF TRANSPORTATION, )
)
Plaintiff, )
)
v. )
)
ROBERT CASTELLO, DIXIE GENERAL )
STORE, REMINGTON RESOURCES )
LLC, MULLET DEVELOPMENT, LLC; )
AND, FICTITIOUS DEFENDANTS A, B, )
C, D, E, F, AND G; (FICTITIOUS )
DEFENDANTS "A," "B," "C," "D," "E," )
"F," AND "G," WHETHER SINGULAR )
OR PLURAL, ARE THOSE OTHER ) CASE NO.
PERSONS, CORPORATIONS, FIRMS, OR )
OTHER ENTITIES WHOSE WRONGFUL )
CONDUCT CAUSED OR CONTRIBUTED )
TO CAUSE THE INJURIES AND )
DAMAGES TO PLAINTIFF OR WHO )
HAVE BENEFITED FROM THE )
WRONGFUL CONDUCT, ALL OF )
WHOSE TRUE AND CORRECT NAMES )
ARE UNKNOWN TO PLAINTIFF AT )
THIS TIME, BUT WILL BE )
SUBSTITUTED BY AMENDMENT )
WHEN ASCERTAINED;),,

Defendant.

COMPLAINT FOR PERMANENT INJUNCTION

The State of Alabama Department of Transportation (hereinafter ALDOT) petitions the

Court for a permanent injunction pursuant to Rule 65 of the Alabama Rules of Civil Procedure

against Robert Castello, Dixie General Store, Remington Resources, LLC and Mullet

Development, LLC, for violations of ALA. CODE 23-1-273 (1975), and Alabama

Administrative Code, Rules 450-10-1, et seq., and 450-3-1, et seq., and further petitions the Court to

find that Defendants activity as hereinafter described constitutes a violation of ALA. CODE, 23-
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1-270, et seq., and Administrative Code, Rules 450-10-1, et seq., and 450-3-1, et seq.. As grounds,

ALDOT states the following:

1. The State of Alabama Department of Transportation is charged with the

responsibility for the building, constructing, improving and maintaining all roads and bridges

through the State of Alabama, by act of the legislature codified at ALA.CODE 23-1-1, et seq.,

(1975).

2. Section 23-1-21.2(6), ALA. CODE 1975, authorizes the Director of the

Department of Transportation to promulgate such rules and regulations as are necessary to carry

out the provisions of Title 23. Pursuant to that section, the Department of Transportation has

promulgated Alabama Administrative Code, Rules 450-10-1, et seq., and 450-3-1, et seq., governing

placement of outdoor advertising. A copy of the rules are attached hereto as Exhibit 1.

3. Defendant Robert Castello, is the owner and/or lessee of certain property who is

responsible for the placement of illegal outdoor signs advertising Dixie General Store and which

has been allowed to remain adjacent to the States right-of-way on Interstate 20 at milepost

190.32, in Calhoun County, Alabama.

4. Defendants Dixie General Store, Remington Resources, LLC and Mullet

Development, LLC, are the entities, corporations, governing entities, owners and custodians who

are responsible for the placement of illegal outdoor signs advertising Dixie General Store on

property owned by Robert Castello and Remington Resources, LLC and which has been

allowed to remain adjacent to the States right-of-way on Interstate 20 at milepost 190.32, in

Calhoun County, Alabama.

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5. A copy of photographs showing the location of ALDOTs property and

encroachments thereon is attached hereto as Exhibit 2.

6. Fictitious Defendants, A, B, C, D, E, F, G, and H are those party defendants with

an ownership in the property containing the illegal outdoor advertising and those parties

contributing to or benefiting from the illegal outdoor advertising located at the above described

location whose identities are unknown to ALDOT.

7. ALDOT notified Defendant Castello on August 9, 2016, that the signs erected on

his property violated Alabama law. Exhibit 3. On September 5, 2016, Defendants sought a

permit to legally erect a sign on the property. Exhibit 4. That permit was denied on

September 28, 2016, due to the proximity of the sign to an interstate and the agricultural zoning

of the property. Exhibit 5. On October 14, 2016, Defendant Castello requested an appeal

under the Administrative Procedures Act for a review of ALDOTs decision to deny his permit.

Exhibit 6.

8. A hearing on the Defendants appeal hearing was conducted on June 9, 2017, by

an Administrative Law Judge (ALJ). Defendants failed to appear.

9. On June 15, 2017, The ALJ issued an Order supporting ALDOTs reasons for

denial of the outdoor advertising permit. Exhibit 7. Defendants did not appeal the ALJs

decision.

10. On June 20, 2017, counsel for ALDOT issued a demand to Defendants giving

them ten days to remove the illegal outdoor advertising. Exhibit 8. After receiving the

demand, Defendants erected a second illegal outdoor advertisement. See photo attached as

Exhibit 9.

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11. After notice and demand, Defendants have failed and refused to remove the

illegal outdoor advertising. A copy of all Notices and Orders served upon Defendants are

attached hereto.

12. ALDOT has attempted and exhausted its efforts to have the illegal outdoor

advertising signage located on Interstate 20 at milepost 190.32, Calhoun County, Alabama,

advertising Dixie General Store removed by the Defendants.

13. Defendants illegal outdoor advertising constitutes an unwarranted and illegal

hazard to the traveling public and violates ALA. CODE 23-1-270, et seq., (1975) and Alabama

Administrative Code, Rules 450-10-1, et seq., and 450-3-1, et seq.

WHEREFORE, Plaintiff ALDOT requests the following relief:

A. That the Court set this matter for a hearing at its earliest convenience;

B. That the Court find that the Defendants are not immune from State laws and

regulations and are illegally advertising in violation of ALA. CODE 23-1-270, et seq., (1975),

otherwise known as the Highway Beautification Act-Outdoor Advertising and Administrative

Code, Rules 450-10-1, et seq., and 450-3-1, et seq.;

C. That the Court issue an injunction permanently enjoining and restraining

Defendants, their agents, employees, successors, attorneys, and all those acting in concert or

participation with them, from placing, creating, or allowing the maintenance of this illegal

outdoor advertising or any other illegal outdoor advertising;

D. That the Court enter an order requiring Defendants to remove the sign;

E. That the Court tax costs, expenses, and attorney fees against Defendants;

F. That, in the event Defendants fail or are unable to remove the sign, that the Court

enter an order permitting ALDOT to enter the property and remove the sign within 30 days;

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G. That in the event the sign is to be removed by ALDOT, that the Court enter an

order that Defendant shall reimburse to ALDOT the reasonable cost of such removal;

H. That the Court retain jurisdiction of this cause for such further orders as may be

necessary in the interests of justice, and;

I. That the Court enter such further orders and grant such further relief as the Court

may deem just and appropriate under the circumstances.

PLAINTIFF REQUESTS SERVICE OF THE FOLLOWING BY THE

SHERIFF OF CALHOUN COUNTY:

DIXIE GENERAL STORE

5752 HIGHWAY 31
HEFLIN, ALABAMA 36257

PLAINTIFF REQUESTS SERVICE OF THE FOLLOWING BY THE

CERTIFIED MAIL:

MR. ROBERT CASTELLO

PO BOX 252
DEARMANVILLE, AL 36257

REMINGTON RESOURCES, LLC

C/O PHILIP LEJEUNE
1402 RIDGEWAY DRIVE
MANDEVILLE, LOUISIANA 70471

MULLET DEVELOPMENT, LLC

C/O CRAIG S MULLET
32 OAK GROVE WAY
SLIDELL, LOUISIANA 70458

RESPECTFULLY SUBMITTED THIS 2nd DAY OF August, 2017.

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STEVE MARSHALL
Attorney General
State of Alabama
Office of the Attorney General
501 Washington Avenue
Montgomery, Alabama 36104
Telephone: (334) 242-7300

s/ Jason A. Trippe
JASON A. TRIPPE (TRI012)
ROBERT PRESCOTT (PRE020)
ASSISTANT ATTORNEY GENERAL
ASSISTANT COUNSEL

ADDRESS OF COUNSEL:
State of Alabama Department of Transportation
1409 Coliseum Boulevard
Montgomery, Alabama 36110
Telephone: (334) 242-6350
Facsimile: (334) 264-4359
Email: trippej@dot.state.al.us
Email: prescottg@dot.state.al.us