Case: 25CH1:23-cv-00398 Document #: 2 Filed: 04/17/2023 Page 1 of 28

IN THE CHANC ERY COURT OF IDNDS COUNTY, MISSI-xa.=~ n:.

FIRST JUDICIA L DISTRIC T

IBRAHI M KHODE R
and NOAH MUTHA NA PETITIONERS

v. CIVIL CAUSE NUMBER: (1_ l,c 23 -5q ~

H../i
CITY OF JACKSO N, MISSISSIPPI RESPONDENT

VERIFIED EMERG ENCY PETITIO N FOR TEMPO RARY RESTRAINING ORDER,

PRELIMINARY AND PERMA NENT INJUNC TION, AND OTHER RELIEF

Ibrahim Khoder ("Khoder") and Noah Muthana ("Muthana") (collectively, "Petitioners"),

by and through undersigned counsel, file this Verified Emergency Petition for Temporary

Restraining Order, Preliminary and Permanent Injunction, and Other Relief (the "Petition") against

the City of Jackson, Mississippi (the "City"), and in support thereof show as follows:

I. INTROD UCTION

1. Petitioners ask the Court to issue a temporary restraining order and enjoin the City from

attempting to enforce an Amended Order from the Jackson Municipal Court dated March 17, 2023

(the "Amended Order") requiring the "demolition" of a commercial property located at 4639 North

Highway 55, Jackson, Mississippi 39206 (the "Property"). See Amended Order, Exhibit "A"

attached. The Amended Order is void and cannot be enforced because it was entered without

citation, summons, or legal notice of any kind to, or process against, Mr. Ibrahim Khoder, the

Property's owner and securitized mortgage holder. As such, the Amended Order is a classical

taking without due process of law. No monetary remedy exists to adequately compensa te
Petitioners for the harm caused thereby, necessitating the injunctive relief sought herein.

2. The matter is particularly emergent because the Amended Order and the prior December

2022 Order upon which the Amended Order was based also required the incarceration of Mr. Noah

Muthana for his failure to make Court ordered upgrades to the Property despite the lack of any
 Case: 25CH1:23-cv-00398 Document #: 2 Filed: 04/17/2023 Page 2 of 28

citation, summons or process whatsoever directed to Petitioner Khoder. The City and
the Court
were aware that Petitioner Khoder had an interest in the property. In fact, the Orders referenc
ed
Mr. Muthana being jailed until Mr. Khoder, by reference as his partner, was to make upgrades
and

repairs to the property. The City should be enjoined from any attempted enforcement of
the Order
in violation of Petitioners' due process rights.

II. PARTIES

3. Petitioner Ibrahim Khoder is an individual resident of the State of Louisiana.

4. Petitioner Muthana is an individual resident citizen of the State of Mississippi.

5. The City of Jackson is a municipal corporation organized under the laws of the State
of
Mississippi located in Hinds County, Mississippi.

III. JURISDICTION AND VENUE

6. The Court has jurisdiction over the parties and the subject matter of this action. This
Court
is the proper venue because Petitioner Khoder and Petitioner Muthana own real property
in Hinds
County, Mississippi; because a substantial portion of the events giving rise to the action
occurred
in Hinds County, Mississippi; and because the property at issue in this case is located within
the
City of Jackson, Mississippi.

IV. FACTUAL BACKGROUND

7. Mr. Khoder owns the Property and has owned the Property at all pertinent times set
forth
in this Petition.

8. Mr. Khoder obtained Land Deed of Trust to the Property by Lender/Borrower

contract
dated November 24, 2020. See Land Deed of Trust, Exhibit "B" attached.

9. In 2022, the City alleged certain environmental law violations regarding the Property
. The
City brought those alleged violations forward against Mr. Noah Muthan a in Jackson Municip
al
 Case: 25CH1:23-cv-00398 Document #: 2 Filed: 04/17/2023 Page 3 of 28

Court. However, the City never issued any citation, summons, or notice whatsoever to Petition
er
Khoder - the Property's owner and majority stakeholder - for a court case alleging violation
s
against him.

10. Each of the citation the City issued with respect to this property were addressed Petition
er
Muthana. Mr. Muthana has a minority equity stake or ownership interest in the Property
. See
Affidavit of Petitioner Ibrahim Khoder, Exhibit "E" attached.

11. The sale of the property was for the price of approximately $2,500,000.00, and to date,
Mr.
Noah Muthana has paid only approximately $500,000.00 toward the price of the property.

12. Without any notice to undersigned counsel, and without any summons, citation or notice

against Petitioner Khoder, the Property's majority owner, the City proceeded with a
status
conference on March 14, 2023, regarding Petitioner Muthana's progress with the Court's
ordered
demolition of the Property. The Judge at that status conference Ordered Petitioner Muthan
a to be
incarcerated in the custody of the Jackson Police Department. See March 17, 2023 Municipal
Court
Order, Exhibit "A" attached.

13. The March 17, 2023 Order required Mr. Muthana to be held incarcerated at the Hinds

County Jail at Raymond, Mississippi until Petitioner .Khoder, a third-party charged with
no
violations with respect to the property, completed certain changes to the property. Id

14. To date, the City has never initiated a court action, let alone issued a citation or summon
s,
to Petitioner Khoder, the Property's majority owner.
 Case: 25CH1:23-cv-00398 Document #: 2 Filed: 04/17/2023 Page 4 of 28

V. CAUSES OF ACTION

A. TEMPORARY RESTRAINING ORDER

15. Petitioners incorporate the above and foregoing paragraphs

1-14 as if fully set forth herein.
16. The Court may issue a temporary restraining without notice
to the adverse party where
"immediate and irreparable injury, loss, or damage will result
to the applicant ''before such time
as a hearing on the matter can be held." A-1 Pallet Co. v. City of
Jackson, 40 So. 3d 563, 567 (Miss.
2010) (citing Miss R. Civ. P. 65(b) (wherein the Hinds County
Chancery Court entered temporary
restraining order enjoining the City from demolishing buildings
on real property).
17. Petitioners ask the Court to grant a temporary restraining
order enjoining the City from
attempting to enforce the Order, which is void for the City's failure
to issue a citation, summons,
notice or any process whatsoever to the majority Property
owner, Petitioner Khoder. The
immediate threat of (a) demolition of the Property, constitute irrepa
rable injury justifying the entry
of a temporary restraining order without notice to the City. There
fore, a temporary restraining
order is appropriate and should be issued enjoining the City
from enforcing or attempting to
enforce the Order in any manner.

B. PRELIMINARY AND PERMANENT INJUNCTION

18. Petitioners incorporate the above and foregoing paragraphs

1-17 as if fully set forth herein.
19. To issue a preliminary injunction, "a chancellor must balan
ce the following factors: (1)
whether a substantial likelihood exists that the plaintiff will preva
il on the merits; (2) whether the
injunction is necessary to prevent irreparable injury; (3) wheth
er threatened injury to the plaintiff
outweighs the harm an injunction might cause to the defendant;
and (4) whether the entry of a
preliminary injunction is consistent with the public interest." Clark
v. Wesley, 305 So. 3d 182, 192
(Miss. Ct. App. 2020).
 Case: 25CH1:23-cv-00398 Document #: 2 Filed: 04/17/2023 Page 5 of 28

20. Petitioners ask the Court to grant a preliminary and permanent injunction enjoining the

City from attempting to enforce the March 17, 2023 Order of the Municipal Court of Jackson,

Mississippi, which is void for the City's failure to issue a citation, summons, notice or any process

whatsoever to the majority Property owner, Petitioner Ibrahim Khoder in accordance with

Mississippi law. Petitioners aver that the immediate threat of (a) demolition of the Property and

(b) arrest of Muthana, individually, for not demolishing the Property, constitute irreparable injury

justifying the entry of preliminary and permanent injunction. Therefore, a preliminary and

permanent injunction is appropriate and should be issued enjoining the City from enforcing or

attempting to enforce the lower court's Order in any manner.

C. DECLARATORY JUDGMENT

21. Petitioners incorporate the above and foregoing paragraphs 1-20 as if fully set forth herein.

22. The Court has authority to grant a preliminary injunction to prevent harm while the case is

litigated. See Miss. R. Civ. P. 65. The Court may also grant a Rule 57 declaration in addition to

injunctive relief. See Poindexter v. So. United Fire Ins. Co., 838 So. 2d 964, 967 (Miss. 2003)

(citing Rule 57 in "recognizin g that a plaintiff may ask for a declaratory judgment either as his

sole relief or in addition or auxiliary to other relief'); Bowling v. Madison County Bd. Of Sup 'rs,

724 So. 2d 431, 435 (Miss. Ct. App. 1998) ("(a] rule 57 declaration is also an alternative to

injunctive relief').

23. In addition to injunctive relief, Petitioners ask that this Court issue a final declaratory

judgment finding and adjudicating the lower court's Order to be void, vacating the Order and

setting it aside in all respects. Therefore, given the lack of a citation, summons, or process to

Petitioner Khoder, the Property's majority owner, a final judgment should be entered vacating and

setting aside the Order.

 Case: 25CH1:23-cv-00398 Document #: 2 Filed: 04/17/2023 Page 6 of 28

VI. CONCLUSION AND PRAYER

24. For the above and foregoing reasons, Petitioners ask the Court to issue
a temporary
restraining order, preliminary and permanent injunction enjoining the City
from enforcing or
attempting to enforce an Order of the Jackson Mnnicipal Court dated March 1
7, 2023. Petitioners
also ask that the Order be vacated and set aside. Petitioners further ask for any
relief they may be
entitled in the premises, in law or equity.

ON THIS, the 17th of April, 2023.

IBRAHIM KHOD ER and

NOAH MUTHANA,
PETITIONERS

E. CARLOS TANNER, III, ESQ.

TANNER & ASSOCIATES, LLC
Mississippi Bar No. 102713
P.O. Box 3709
Jackson, Mississippi 39207
(601) 460-1745 Telephone
(662) 796-3509 Facsimile
Carlos. Tanner@thetannerlawfirm.com
 Case: 25CH1:23-cv-00398 Document #: 2 Filed: 04/17/2023 Page 7 of 28

VERIFICATION

STATE OF MISSISSIPPI
COUNTY OF MADISON

PERSONALLY APPEARED BEFORE ME, the undersigned authority in and for the
jurisdiction aforesaid, the within name Ibrahim Khoder who, after being by me first duly sworn on
his oath acknowledged that he is the majority Owner of the Property located at 4639 North
Highway 55, Jackson, Mississippi 39206, acknowledged that the matters and facts contained in
the above and forgoing Verified Emergency Petition for Temporary Restraining Order, Preliminary
and Permanent Injunction, and Other Relied are true and correct as therein stated.

,,,......---
Ibrahim Khoder

SWORN TO AND SUBSCRIBED BEFORE ME, this the / 1 day of April, 2023.

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OF COUNSEL:

Isl E. Carlos Tanner. III

E. CARLOS TANNER, III, ESQ.
TANNER & ASSOCIATES, LLC
Mississippi Bar No. I 02713
P.O. Box 3709
Jackson, Mississippi 39207
( 601) 460-17 45 Telephone
(662) 796-3509 Facsimile
Carlos.Tanner@thetannerlawfirm.com
 Case: 25CH1:23-cv-00398 Document #: 2 Filed: 04/17/2023 Page 8 of 28

VERIFICATION

STATE OF MISSISSIPPI
COUNTY OF MADISON

PERSONALLY APPEARED BEFORE ME, the undersigned authority in and for the
jurisdiction aforesaid, the within name Noah Muthana who, after being by me first duly sworn on
his oath acknowledged that he is the minority Owner of the Property located at 4639 North
Highway 55, Jackson, Mississippi 39206, acknowledged that the matters and facts contained in
the above and forgoing Verified Emergency Petition for Temporary Restraining Order, Preliminary
and Permanent Injunction, and Other Relied are true and correct as therein stated.

NOAH MUTHANA

SWORN TO AND SUBSCRIBED BEFORE ME, this the I) day of April, 2023.

OF COUNSEL:

Isl E. Carlos Tanner. III

E. CARLOS TANNER, III, ESQ.
TANNER & ASSOCIATES, LLC
Mississippi Bar No. 102713
P.O. Box 3709
Jackson, Mississippi 39207
(601) 460-1745 Telephone
(662) 796-3509 Facsimile
Car los.Tann er@ t heta nnerl a\\•fi rm.co m
 Case: 25CH1:23-cv-00398 Document #: 2 Filed: 04/17/2023 Page 9 of 28

ATTORNEY'S CERTIFICATE

I, E. Carlos Tanner, III , attorney for Petitioners in this cause do hereby certify in compliance
with Miss. R. Civ. P. 65(b) that diligent efforts have been made to give notice to the City of the
basis for this Petition that Petitioner Khoder, not Petitioner Muthana, owns the Property, and that
citation, summons, or notice was not given in accordance with Mississippi law. That the City 's
stated position that the Order is valid and enforceable, despite the above and foregoing facts,
constitutes threat of immediate and irreparable injury to Petitioners justifying the entry of a
temporary restraining order without notice to ~h<:_C:r r . n

~ ~( ;
E. CARLOS TANNER, III, Esr
TANNER & ASSOCIATES, LLC
Mississippi Bar No. 102713
P.O. Box 3709
Jackson, Mississippi 39207
(601) 460-1745 Telephone
(662) 796-3509 Facsimile
Carlos.Tanner@thetannerlawfirm.com
.Y • I • • - ·.•

BOOK 7 257PAuE433-1-

1739105
PREPARER: t!/4ETURN TO:
Powers & Sellers, LLP / ~owers & Sellers, LLP
Post Office Box. 15948 Post Office Box I 5948
Baton Rouge, LA70895 Baton Rouge, LA 70895

rNOEXING INSTRUCTIONS: Please index as Beg 30 Ft. NE Int W/L I 55 & NIL Northside Dr. W
290.43 ftN 445.52 SELY 52.09 ft. S 136.66 ft ELY 310 ft. to W/L Hwy SS SLY ALG ROW 258.61 ft. to
POB in SE 1/4 SW 1/4 Sec. 13 T6 RIE, Hinds County, Mississippi.

STA TE OF LOUISIANA
PARJSH OF EAST BATON ROUGE

QUITCLAIM DEED
FOR AND lN CONSIDERATION of the sum ofTen Dollars ($10.00), cash in hand paid, and other

good and valuable consideration, the receipt and sufficiency of all of which are hereby acknowledged, the

undersigned Ibrahim Kboder and Susan Khoder, hereinafter referred to as the "Grantor," waiving any

claims of homestead heretofore existing, do hereby grant, sell, convey, and quitclaim unto Noah Muthana,

hereinafter referred to as "Grantee," the following real property lying and being in County of Jones, State

of Mississippi, to-wit:

Beg 30 Ft. NE Int W/L I 55 & N/L Northside Dr. W 290.43 ft N 445.52
SEL Y 52.09 ft. S 136.66 ft ELY 310 ft. to W/L Hwy 55 SLY ALG ROW
2S8.61 ft. to POB in SE 1/4 SW 1/4 Sec. 13 T6 RIE.

4639 Nonh Highway 55, Jackson, Mississippi

Said conveyance is made subject to any existing easements of record.

THIS PORTION OFTHE PAGE INTENTIONALLY LEFTM~~ -A\i Mu.Uillr\A

Page I of 2 Pages i~5 ioi ~q~i
y·~ 5 \0 \;~C
UVUK OY~li Vo.vK
10!Um, M~ t~'d\ II
 WITNESS MY SIGNATURE on lhis -'-~ day of
~
\J:,.,.,-, 2020.

Wl ~ - -
Ibrahim Khoder, Grantor

~~L )~ /
~ r, Grantor
- JJt'iC.ib s.
Noah Muthana. Grantee

STA TE OF LOUISIANA
PARISH OF EAST BATON ROUGE

"J,l. Personally appeared before me, the undersigned authority in and for the said county and state on this•
.:l~clay of tJ • ..,,...,....'-v· . 2020, within my jurisdiction, the within named, mRAHIM KHODER,
SUSAN KHODER AND NOAH MUTHANA, and executed the above and foregoing instrument as their
own free act and deed.

.,. Teresa L. Gallegos Nota~

"'""'1r;:1!f..,-~P.-L-.-GA-LLEG--OS- Notary N~.~

1U--------
~(J7A?.Y PUBUC My Term Expires at Death
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NC:.'TARY #832-40
~TAiEO~L~ISIANA
' "'Oom1111s-eq,,trw
. AIDNl'I

Grantors' Address: Grantees' Address:

I0713 Hilltree Drive 6 Pear Orchard Park
Baton Rouge, LA 70810 Jackson, MS
Phone:_ _ _ _ __ Phone:
-------

Page 2 of 2 Pages

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