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72009
ORTHERN DISTRICT OF GEORGIA
A
.G.A
. ISLAMIC ORGANIZATION, INC
., }
}
Plaintiff, )
1
v
. )
CITY OF LILBURN, GEORGIA, a )
Municipal Corporation of the State )
of Georgia
; the CITY COUNCIL of )
the CITY OF LILBURN
; DIANA PRESTON,)
Mayor of the City of Lilburn
; and )EDDIE PRICE, SCOTT BATTERTON, TIM )
DUNN, JOHNNY CRIST, individually )
in their Official Capacities as )
Members of the CITY COUNCIL )
of the CITY OF LILBURN, )
1
Defendants
. )
Verified Complaint for Declaratory Judgment and Petition forInjunction and Mandamus against Defendants, City of Lilburn,
Georgia
; the City Council of the City of Lilburn
; Diana Preston,
Mayor of the City of Lilburn
; and Eddie Price, Scott Batterton,
Tim Dunn and Johnny Crist, individually in their official
1
40503
IN THE UNITED STATES DISTRICT COURT
ORIGINAL
CIVIL ACTIONFILE NO
.
1"'UI-CV-35,149
APPEAL AND VERIFIED COMPLAINT
FOR
DECLARATORYJUDGMENT AND PETITION FOR INJUNCTION AND MANDAMUSCOMES NOW Plaintiff A
.G
.A
. Islamic Organization, Inc
.
("A
.G
.A
."
)
d/b/a Dar-e Abbas Shia Islamic Center ("Dar-e Abbas")
and, by and through its counsel of record, files this Appeal and
Case 1:09-cv-03549-TWT Document 1 Filed 12/17/2009 Page 1 of 28
this Court under 28 U
.S.C
.
§
1391 because the proposed site is
2
40503_
1
capacities as members of the City Council (collectively"Defendants") as follows
:
INTRODUCTION
1
.
This Appeal and Verified Complaint for Declaratory Judgmentand Petition for Injunction and Mandamus is brought pursuant to
the First, Fifth and Fourteenth Amendments to the Constitution ofthe United States, the Religious Land Use and InstitutionalizedPersons Act, 42 U
.S.C
. 2000cc
; ("RLUIPA")
; 42 U
.S.C
. §§ 1983 and
1988; 28 U
.S.C
. § 2201 and 2202, the Constitution of the State ofGeorgia, Article I, section I, paras
. 1-4 Article III, section I,
para
.
1
;
and O
.C.G.A
.
H
9-4-1 (declaratory judgment) and 9-6-20(mandamus) arising from Defendants' denial of Plaintiff'sapplication for rezoning from the C-1 and R-100 to the RA-200
zoning classification and a Special Use Permit ("SUP") for the
purpose of establishing apace of worship and related cemetery
in Lilburn, Georgia
.
JURISDICTION AND VENUE
2
.
This Court has jurisdiction over this matter pursuant to 42
U
.S.C
. 2000cc, 28 U
.S
.C
. §§ 1331 and 1343 and principles of
pendant jurisdiction under 28 U
.S
.C
. § 1367
. Venue is proper in
Case 1:09-cv-03549-TWT Document 1 Filed 12/17/2009 Page 2 of 28
"Lilburn City Council") is the governing body of the City of
3
40503
_1
located within this District, all Defendants are residents ofthis District, and the acts described herein occurred within this
District
.
3
.
Plaintiff's claims for declaratory and injunctive relief are
authorized by 28 U
.S
.C
. §§ 2201 and 2202, by Rules 57 and 65 of
the Federal Rules of Civil Procedure and by the general, legaland equitable powers of this Court
. Plaintiff's claim for
damages is made pursuant to 42 U
.S.C
. §
1983,
42 U
.S.C
. § 2000cc,
and other applicable law
.
PARTIES
4
.
Plaintiff A
.G.A
. is a non-profit corporation organized and
existing under the laws of the state of Georgia, with its
princ
i
pal place of business located at the Dar
-
e Abbas Islamic
Center in Lilburn, Georgia
.
5
.
Defendant City of Lilburn, Georgia (the "City") is a
municipal corporation of the State of Georgia, and is subject tothe jurisdiction and venue of this Court
.
6
.
Defendant City Council of the City of Lilburn, Georgia (the
Case 1:09-cv-03549-TWT Document 1 Filed 12/17/2009 Page 3 of 28
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