DOCUMENT 2

ELECTRONICALLY FILED
8/2/2019 9:16 AM
65-CV-2019-900064.00
CIRCUIT COURT OF
WASHINGTON COUNTY, ALABAMA
VALERIE KNAPP, CLERK
IN THE CIRCUIT COURT OF WASHINGTON COUNTY, ALABAMA
CIVIL DIVISION

KRISTA WILSON, BETTY BRACKIN, SUMMER )

BEECH, and the WASHINGTON COUNTY )
EDUCATION ASSOCIATION, )
)
Plaintiffs, )
)
v. ) Case No.: CV-2019-________
)
SONER TARIM; UNITY SCHOOL SERVICES, )
LLC; WASHINGTON COUNTY STUDENTS )
FIRST; THAD BECTON, individually and in his )
official capacity as a member of the Board of )
Directors of Washington County Students First; )
TIFFANY DUMAS, individually and in her official )
capacity as a member of the Board of Directors of )
)
Washington County Students First; PAUL (GENE)
)
BROWN, individually and in his official capacity )
as a member of the Board of Directors of )
Washington County Students First; LEO )
LEDDON, individually and in his official capacity )
as a member of the Board of Directors of )
Washington County Students First; NANCY )
ALSTON, individually and in her official capacity )
as a member of the Board of Directors of )
Washington County Students First; JESSICA )
ROSS, individually and in her official capacity as a )
member of the Board of Directors of Washington )
)
County Students First; JACOB SNOW,
)
individually and in his official capacity as a )
member of the Board of Directors of Washington )
County Students First; and Fictitious Defendants A, )
B, C, whether singular or plural, those other persons, )
corporations, firms, or other entities whose wrongful )
or fraudulent conduct contributed to the events )
leading to the unlawful expenditure of public funds, all )
of whose true and correct names are unknown to the )
Plaintiffs at this time, but will be substituted by )
amendment when ascertained, )
)
Defendants. )

[1]
 DOCUMENT 2

COMPLAINT

This is a Complaint alleging fraud and illegal solicitation of students, and seeking a

declaratory judgment and injunctive relief with regard to the application of Soner Tarim

(hereinafter referred to as “Defendant Tarim” and/or “Defendant Soner Tarim”), in the name of

Washington County Students First (“WCSF”), to form a charter school in Washington County.

This action involves the Alabama School Choice and Student Opportunity Act, Ala. Code § 16-

6F-1, et seq. Among other relief, Plaintiffs seek to prohibit any transfer of public funds or any

other public property to Woodland Preparatory (hereinafter referred to as “Woodland Prep”). The

Defendants are obligated by law to follow the statutes set forth herein and have a duty to provide

full and factual information but have failed to do so.

JURISDICTION AND VENUE

1. This Court has jurisdiction under Ala. Code (1975) § 6-5-1, et seq. and § 6-6-220.

2. Venue is appropriate in this Circuit under Ala. Code (1975) §§ 6-3-2 and 6-6-222.

PARTIES

3. Krista Wilson (hereinafter referred to as “Wilson”), a taxpaying adult resident of

Washington County, Alabama and an employee of the WCBOE brings this action individually.

Wilson also brings this action as the President of Plaintiff Washington County Education

Association

4. Betty Brackin (hereinafter referred to as “Brackin”), an adult taxpaying resident of

Washington County, Alabama and an employee of the Washington County Board of Education

(“WCBOE”) brings this action individually.

[2]
 DOCUMENT 2

5. Summer Beech (hereinafter referred to as “Beech”), an adult taxpaying resident of

Washington County, Alabama and an employee of the WCBOE brings this action individually.

6. The Washington County Education Association (WCEA) is an unincorporated non-

profit association comprised of teachers, education support professionals, school administrators

and other school employees, many of whom are likely to be subject to adverse employment action,

up to and including termination, if Woodland Prep is allowed to proceed, due to a loss of

enrollment in schools operated by the WCBOE. All WCEA members have an interest in the lawful

expenditure of public tax funds.

7. On information and belief, Defendant Soner Tarim is a Turkish national and a

resident of the State of Texas residing at . Defendant

Tarim does business in Alabama as a representative of “Unity School Services,” and has a personal

financial interest in the opening of Woodland Prep. If the school opens, then Defendant Tarim,

through Unity Services, will receive 15% of all public funds paid to Woodland Prep.

8. Defendant Unity School Services, LLC (hereinafter referred to as “Unity” and/or

“Defendant Unity”) is a foreign limited liability company whose principal place of business is in

the State of Texas but is registered to do business in the State of Alabama.

9. Defendant Washington County Students First (hereinafter referred to as “WCSF”

and/or “Defendant WCSF”) is a nonprofit corporation registered to do business in the State of

Alabama that ostensibly applied for and had approved by the Alabama Public Charter School

Commission (“Commission”) an application to establish Woodland Prep within the Washington

County Board of Education’s (“WCBOE”) jurisdiction.

[3]
 DOCUMENT 2

10. Upon information and belief, Defendant Thad Becton (hereinafter referred to as

“Defendant Becton”) is a resident of Choctaw County residing at

and is the Chairman of the WCSF Board of Directors.

11. Upon information and belief, Defendant Tiffany Dumas (hereinafter referred to as

“Defendant Dumas”) is a resident of Washington County residing at

and is a member of the WCSF Board of Directors.

12. Upon information and belief, Defendant Paul (Gene) Brown (hereinafter referred

to as “Defendant Brown”) is a resident of Washington County residing at

and is a member of the WCSF Board of Directors.

13. Upon information and belief, Defendant Leo Leddon (hereinafter referred to as

“Defendant Leddon”) is a resident of Washington County residing at

and is a member of the WCSF Board of Directors.

14. Upon information and belief, Defendant Nancy Alston (hereinafter referred to as

“Defendant Alston”) is a resident of Washington County residing at

and is a member of the WCSF Board of Directors.

15. Upon information and belief, Defendant Jessica Ross (hereinafter referred to as

“Defendant Ross”) is a resident of Washington County residing at

and is a member of the WCSF Board of Directors.

16. Upon information and belief, Defendant Jacob Snow (hereinafter referred to as

“Defendant Snow”) is a resident of Washington County residing at

and is a member of the WCSF Board of Directors.

17. Fictitious Defendants A, B, C, whether singular or plural, are those other persons,

corporations, firms, or other entities whose wrongful or fraudulent conduct contributed to the

[4]
 DOCUMENT 2

events leading to the unlawful expenditure of public funds, all of whose true and correct names

are unknown to the Plaintiffs at this time, but will be substituted by amendment when ascertained.

18. Named and Fictitious Defendants will hereinafter be referred to collectively as

Defendants when not referred to individually.

FACTS

SECTION 1: RELEVANT SECTIONS OF THE CHARTER SCHOOL LAW

19. The Alabama School Choice and Student Opportunity Act, Ala. Code (1975) §16-

6F-1, et seq., (hereinafter referred to as “the charter school law”) authorized the establishment of

charter schools in Alabama and sets forth the requirements for their creation.

20. Charter schools are quasi-public schools formed pursuant to the charter school law

that receive for each of its students the same amount of state funds and local tax revenue that would

have otherwise been allocated on behalf of said student to the local school system where the student

resides.

21. Charter schools are exempt from most state laws and regulations regarding the

operation of a public school.

22. Moreover, charter schools have no accountability to taxpayers or elected officials,

but answer only to their “authorizer,” as provided for by the charter school law.

23. An authorizer is either a local school board or the Alabama Public Charter School

Commission (hereinafter referred to as “the Commission”).

24. Each city and county board of education in Alabama may decide whether or not it

wishes to become an authorizer and go through the approval process.

25. The WCBOE is not an authorizer of charter schools.

[5]
 DOCUMENT 2

26. Thus, any charter school that wishes to open within the jurisdiction of the WCBOE

can only be authorized by the Commission.

SECTION 2: SONER TARIM’S DECEPTION IN MULTIPLE CHARTER SCHOOL APPLICATIONS

27. On information and belief, Defendant Tarim was the CEO of the Texas-based

Harmony Public Schools (the largest charter school system in Texas) until 2017.

28. He is presently the founder and head of Defendant Unity School Services.

29. Defendant Unity is a Texas-based for-profit entity that advertises itself as a provider

of various educational services to public, charter, and private schools in the United States and

throughout the world.

30. Defendant Unity has no staff outside of Defendant Soner Tarim.

31. Moreover, Defendant Unity has no physical location despite Defendant Tarim’s

false representation that it does.

32. The Woodland Prep charter application identifies Defendant Unity and Defendant

Tarim as helping establish the Woodland Preparatory charter school.

33. On information and belief, Defendant Tarim is also presently the CEO of The

Royal Public School System (hereinafter referred to as “Royal”), another Texas-based entity.

34. On or about January 4, 2019, Defendant Tarim submitted a charter application to

establish multiple start-up charter schools in the Austin, Texas area.

35. While Defendant Tarim’s Texas charter school application was pending, he was

actively pushing for the establishment of the Woodland Prep charter school in Alabama.

36. During Defendant Tarim’s charter school application interview with the Texas

Education Agency (the Texas-based equivalent of the Alabama State Department of Education

[6]
 DOCUMENT 2

hereinafter referred to as “T.E.A.”), agency members directly questioned Defendant Tarim about

his involvement with Woodland Prep.

37. Defendant Tarim responded with indirect answers, but explicitly testified that he

wrote Woodland Prep’s charter school proposal.

38. He expressly stated that he has a vision for not only Texan students but also for

students nationwide and possibly across the world.

39. Defendant Tarim intentionally provided to the T.E.A. false and misleading data

about the performance of Washington County schools to T.E.A.

40. Defendant Tarim intentionally provided to the T.E.A. false and misleading

information about the need for a charter school in Washington County.

41. But Defendant Tarim intentionally failed to inform the T.E.A. that Washington

County public schools are not failing schools.

42. He intentionally failed to inform the T.E.A. that on the Alabama State Department

of Education’s 2018 State Accountability report, Washington County public schools received an

overall grade of “B” on a scale of “A” to “F.”

43. Defendant Tarim intentionally failed to inform the T.E.A. that a large and broad

swath of citizens of Washington County, Alabama have repeatedly publicly declared that they do

not want Woodland Prep or any charter schools in their community.

44. Instead, Defendant Tarim intentionally misled the T.E.A. by falsely accusing only

Washington County public school teachers of opposing his charter school, when in fact, he faced

opposition from a broad spectrum of concerned taxpaying Washington County citizens.

[7]
 DOCUMENT 2

45. He openly made these false representations and misleading omissions regarding

Alabama schools while advocating for the T.E.A.’s approval of his Texas charter school

application.

46. He also openly made these false representations and misleading omissions while

having a personal financial stake in Woodland Prep in Alabama, Royal Public Schools in Texas,

and other charter schools in Alabama and across the United States.

47. Further, when asked by the T.E.A. if his “vision” is in Texas right now and whether

he was going to get Royal Public Schools started and then go off somewhere else, Defendant Tarim

responded that Texas is his home.

48. Defendant Tarim made these representations to convince the T.E.A. that his

allegiance is to the successful start-up and operation of the Royal Public Schools charter school

network in the State of Texas, not to Woodland Prep in Alabama.

49. Notably, Defendant Tarim intentionally failed to disclose to the T.E.A. his true

degree of involvement with Woodland Prep.

50. Defendant Tarim intentionally failed to disclose to the T.E.A. that he was and is

actively representing Woodland Prep before the Alabama Public Charter School Commission.

51. He intentionally failed to disclose to the T.E.A. that he has been intricately and

actively involved in establishing and advocating for Woodland Prep since at least March 2018.

52. Moreover, Defendant Tarim intentionally failed to disclose to the T.E.A. during his

May 23, 2019 Royal Public Schools charter application interview that he was and is intricately

involved with more than one Alabama charter school applicant.

53. Instead, Defendant Tarim intentionally, falsely and deceptively minimized his

degree of involvement with Woodland Prep and in Alabama charter schools as a whole.

[8]
 DOCUMENT 2

54. The T.E.A. ultimately rejected Defendant Tarim’s application to open multiple

charter schools in Austin, Texas.

55. Prior to the T.E.A.’s rejection of Defendant Tarim’s charter school application,

Woodland Prep’s charter school application was submitted to the Alabama Public Charter School

Commission on or about March 16, 2018.

56. Defendant Tarim actively participated in Woodland’s application process,

including extensively testifying before the Commission during multiple public meetings.

57. Defendant Tarim’s participation in the Commission meetings created the

appearance that he was and is the primary agent of Woodland Prep, despite his false and misleading

representations to the T.E.A. that his involvement with Woodland was only as a consultant.

SECTION 3: THE NACSA REJECTION OF WOODLAND PREP’S CHARTER SCHOOL APPLICATION

58. The Commission had a contract with the National Association of Charter School

Authorizers (hereinafter referred to as “NACSA”), a recognized national leader in evaluating

charter school applications, to evaluate each charter school application it receives.

59. NACSA evaluated WCSF’s application and found that “The Woodland Preparatory

proposal does not meet the standard for approval.”

60. In finding the education program insufficient, NACSA found that “Woodland

Prep’s educational plan does not constitute a rigorous, quality instructional design that ensures

students will meet or exceed standards.” Supra at p. 7.

61. In finding the operations plan insufficient, NACSA found that “board members

appropriately indicated that they would use an evaluation matrix; however, when listing the

components of the matrix board members did not reference critical components such as academic

[9]
 DOCUMENT 2

or financial performance. Notably, the list of board responsibilities does not include overseeing

and evaluating the ESP (education service provider).” Supra.

62. In finding Woodland Prep’s proposal insufficient with regard to finance, NACSA

found that “unreasonable fundraising assumptions raise concerns about the budget’s viability.” It

further noted that Woodland Prep planned to secure a start-up loan of $200,000 at a 9% interest

rate from a private company, American Charter Development (“ACD”). Supra at p. 9.

63. Within less than two months of the application’s submission, the Commission

approved the application on or about May 14, 2018, despite NACSA’s rejection of the proposal.

64. Woodland Prep was scheduled to open in August 2019 for the 2019-2020 academic

year.

65. However, on June 7, 2019, the Commission held a public meeting.

66. During that meeting, the Commission considered a request made on behalf

Woodland Prep to delay the school’s opening date.

67. Defendant Tarim appeared and testified at that Commission meeting.

68. Defendant Tarim openly testified on behalf of Woodland Prep.

69. Other than Defendant Thad Becton, no other WCSF Board Member attended or

testified at the June 7, 2019 Commission meeting.

70. On June 7, 2019, the Commission voted five to one to grant the request to delay

opening Woodland Prep by one year, to August 2020.

71. Woodland Prep was nowhere near meeting the pre-opening conditions set forth by

the Commission and this delay is intended to allow Defendant Tarim to try to salvage his failing

vision for a charter school, a source of personal financial enrichment as described below.

[10]
 DOCUMENT 2

72. Defendant Tarim, through Defendant Unity School Services, intends to charge

Defendant WCSF a 15% management fee to operate Woodland Prep. Thus, before a light is turned

on at Woodland Prep, before a pencil is bought, and before a teacher is paid, Defendant Tarim will

receive 15% of the taxpayer funding for Woodland Prep off the top.

73. Additionally, Defendant Tarim requested a one-year extension to open Woodland

Prep because he has been unable to secure the enrollment that he represented to the Commission

would happen by spring and summer 2019.

74. Defendant Tarim’s enrollment estimations were false when he represented them to

the Commission

75. Moreover, Defendant Tarim’s enrollment estimations were false when he

represented them to the citizens of Alabama.

76. If Defendant Tarim fails to secure sufficient enrollment over the course of the

upcoming academic year to satisfy the Commission, Defendant Tarim’s charter contract will be

void and Woodland Prep will be statutorily prohibited from opening.

77. If Woodland Prep does not open, Defendants Tarim and Unity will not make money

in their venture in Washington County.

SECTION 4: DEFENDANTS’ UNLAWFUL & DECEPTIVE OUT-OF-STATE ADVERTISING

78. In light of the pressure Defendant Tarim faced in trying to meet his deceptively

inflated enrollment numbers for Woodland Prep’s inaugural school year, Defendant Tarim

illegally advertised Woodland Prep to out-of-state parents and students in the State of Mississippi.

79. Defendant Tarim’s out-of-state advertisements encourage people to enroll their

children in Woodland Prep in Washington County, Alabama.

[11]
 DOCUMENT 2

80. Defendant Tarim intentionally omitted from the advertisements that Woodland

Prep is an Alabama school.

81. Nor does Defendant Tarim disclose in those Mississippi advertisements that

Mississippians cannot attend the Alabama-based Woodland Prep.

82. Through those Mississippi advertisements, Defendant Tarim is recruiting

Mississippi children to fill the student vacancies reflected in his enrollment numbers.

83. This recruitment practice is deceptive and illegal.

84. On information and belief, Defendants have intentionally executed multiple

deceptive, illegal, and fraudulent recruitment practices.

85. More specifically, Defendant Tarim’s Mississippi recruitment campaign violates

Alabama’s charter school law.

86. Defendant Tarim’s end goal is having out-of-state students enroll at Woodland Prep

to make his required enrollment number in time to submit an updated report to the Commission.

87. Defendant Tarim is using deceit to bolster his enrollment numbers to a level

sufficient to allow him to open Woodland Prep.

88. Once Defendant Tarim obtains adequate enrollment numbers through his false

representations and deceptive practices, he will open Woodland Prep’s school doors.

89. As a result, the State of Alabama will unlawfully expend public funds to pay

Defendant Tarim for his deceptive and illegal practices.

90. The remaining Defendants are complicit in Defendant Tarim’s deceit and

misrepresentations.

[12]
 DOCUMENT 2

SECTION 5: DEFENDANT TARIM’S ALTER EGO

91. The charter school law provides that an “applicant” is “[a]ny group with 501(c)(3)

tax-exempt status or that has submitted an application for 501(c)(3) tax-exempt status that develops

and submits an application for a charter school to an authorizer.”

92. The law further permits applicants to contract with an “education service provider”

to provide services to the school.

93. Ostensibly, Defendant WCSF is the applicant for Woodland Prep and Defendant

Tarim/Unity is the education service provider.

94. However, on information and belief, it was Defendant Tarim’s idea to open a

charter school in Washington County (against the wishes of Washington County residents) in an

effort to begin franchising charter schools in Alabama.

95. On information and belief, it was Defendant Tarim who initiated the process to

establish and open Woodland Prep.

96. Defendant Tarim created Defendant WCSF as a front intended to meet the

requirements that a 501(c)(3) be the applicant for a charter.

97. On information and belief, the Woodland Prep management contract between

Defendant WCSF and Defendant Tarim was not negotiated at arms’ length.

98. Defendant WCSF’s board did not have separate legal counsel to advise them.

99. On information and belief, Defendant WCSF’s board takes no action without prior

approval from Defendant Tarim.

100. The WCSF has zero funding independent of Defendant Tarim or the Utah company

selected by Defendant Tarim to provide financing for Woodland Prep’s construction and opening.

101. Defendant Tarim is using Defendant WCSF as a shell corporation.

[13]
 DOCUMENT 2

102. This practice is deceptive and illegal.

103. Through this illegal and deceptive practice, Defendant Tarim has intentionally

manipulated the charter school law to establish and operate Woodland Prep under the guise of

there being a requisite non-profit entity overseeing the school.

104. Defendant Tarim is so extensively intertwined and intermingled with Woodland

Prep and Defendant WCSF that those entities are his alter egos.

105. It was Defendant Tarim who appeared before the Alabama Public Charter School

Commission to request an extension for Woodland Prep’s opening date when it became obvious it

would not be able to open for the 2019-20 academic year.

106. The NACSA evaluation of Defendant WCSF’s application also demonstrates that

Woodland Prep and Defendant WCSF are Defendant Tarim’s alter egos, finding that “[t]he board

delegates to its ESP, Defendant Unity School Services, the responsibility for purchasing, accounts

payable, accounts receivable, payroll, human resources, benefits administration, information

technology, and insurance.”

107. Further, NACSA found that Defendant WCSF’s application did “not address what

other organizations were considered, how USS was selected, or a plan for holding the ESP

accountable.”

108. No other organizations were considered.

109. And this is because Defendant Tarim created Defendant WCSF.

110. Defendant WCSF was not created organically by its members.

111. Nor did Defendant WCSF initiate retaining Defendant Tarim.

112. Defendant Tarim’s representation that Defendant WCSF retained him on the

Board’s own volition is also false.

[14]
 DOCUMENT 2

113. There is no real plan to hold Defendant Tarim accountable because, for all intents

and purposes, Defendant Tarim, Woodland Prep, and Defendant WCSF are one and the same.

114. This relationship is misleading, deceptive, and illegal.

SECTION 6: COMMUNITY OPPOSITION

115. The mayor of Chatom, the county seat of Washington County, has publicly stated

that he does not want a charter school in the area.

116. He further stated that he does not know of anyone who does.

117. Open Records Requests were submitted to the Commission to secure the statutorily

required objective evidence of community interest in a charter school.

118. In response to the Open Records Request, Defendants submitted to Plaintiffs

materials submitted by Defendant Tarim and his alter ego, Defendant WCSF.

119. In public testimony to the Commission on June 7, 2019, counsel for Defendant

WCSF stated that Woodland Prep had not completed construction of the school because they had

lost subcontractors who were pressured by the community not to work on the project.

120. On information and belief, this same counsel for Defendant WCSF was selected by

Defendant Tarim.

121. Moreover, on information and belief, Defendant Tarim is compensating this same

legal counsel for services rendered regarding Woodland Prep.

122. There simply is no significant local community support for Woodland Prep.

123. Thus, the representations made by Defendant Tarim and his alter ego, Defendant

WCSF, in their application stating that there was significant local support were and remain false.

[15]
 DOCUMENT 2

COUNT I

FRAUDULENT REPRESENTATION OF A NON-PROFIT APPLICANT

124. All paragraphs above are readopted and reincorporated as if fully set out herein.

125. As alleged above, Defendants made false representations concerning existing

material facts, and failed to make truthful disclosures under circumstances requiring such

disclosures, regarding Defendant Tarim’s interests in, and involvement with, the establishment of

Woodland Preparatory charter school in Washington County, Alabama;

126. In particular but without limitation, Defendants have falsely represented that

Defendant Tarim is a mere consultant to, or merely the provider of services to, Defendant WCSF

when in truth he is the alter ego of, the controller of, and creator of, Defendant WCSF for his own

financial benefit;

127. When Defendants made their representations regarding the Woodland Prep charter

school application, Defendants knew them to be false;

128. Defendants made these representations with the intent to defraud and deceive the

Alabama Public Charter School Commission, the Alabama State Department of Education, the

citizens of Washington County including the Plaintiffs, and the State of Alabama at large;

129. Had Defendant Tarim’s true relationship to Woodland Prep and his actual

intentions with respect to charter school in Alabama, been disclosed and not misrepresented, the

Woodland Prep charter school application could not have been approved under the law;

130. The deceit will, in the absence of relief from this Court, harm the public by draining

funds from the State of Alabama and the Washington County public schools;

[16]
 DOCUMENT 2

131. As taxpayers having an equitable ownership in Alabama’s public funds and being

responsible for replenishing public funds if those funds are misappropriated, Plaintiffs have

standing to seek relief to prevent the unlawful distribution of public funds or public property to the

Defendants.

132. Therefore, Plaintiffs request a finding by this Court that the application for a charter

school ostensibly filed by Defendant WCSF for Woodland Prep was fraudulently made and that

the subsequent charter contract is void ab initio—prohibiting any public funds from being paid to

any of the Defendants.

COUNT II

FRAUDULENT REPRESENTATION OF
LOCAL COMMUNITY INTEREST & SUPPORT

133. All paragraphs above are readopted and reincorporated as if fully set out herein.

134. For the Commission to authorize a charter school, it must find “significant and

objective evidence of interest for the charter school from the community.” Ala. Code (1975) § 16-

6F-7(b)(2)d.

135. Defendants lack the requisite significant community interest in the opening of a

charter school in Washington County.

136. Contrary to Defendants’ representations otherwise, Plaintiffs possess significant

and objective evidence of widespread community opposition to Woodland Prep and the

Defendants.

[17]
 DOCUMENT 2

137. When the Defendants represented to the public and the State of Alabama that there

was and is significant local community support for Woodland Prep, the Defendants knew those

representations were and are false.

138. The Defendants made these representations with the intent to defraud and deceive

the Alabama Public Charter School Commission, the Alabama State Department of Education, the

citizens of Washington County including the Plaintiffs, and the State of Alabama at large;

139. Had the Charter School Commission not been deceived, and had Defendants been

truthful about the lack of community support, the application of Woodland Prep could not have

been approved under the governing law.

140. The deceit will, in the absence of relief from this Court, harm the public by draining

funds from the State of Alabama and the Washington County public schools;

141. As taxpayers having an equitable ownership in Alabama’s public funds and being

responsible for replenishing public funds if those funds are misappropriated, Plaintiffs have

standing to seek relief to prevent the unlawful distribution of public funds or public property to the

Defendants.

142. WHEREFORE, Plaintiffs request a finding by this Court that the application for a

charter school purportedly filed by Defendant WCSF for Woodland Prep was fraudulently made

and that the subsequent charter contract is void ab initio—prohibiting any public funds from being

paid to any of the Defendants.

143. Plaintiffs respectfully request a judgment declaring the same and forbidding the

disbursement of any public funds to Woodland Prep.

[18]
 DOCUMENT 2

COUNT III

UNLAWFUL SOLICITATION OF OUT-OF-STATE STUDENTS

144. All paragraphs above are readopted and reincorporated as if fully set out herein.

145. Ala. Code (1975) § 16-6F-5(a)(1) states that “A public charter school shall be open

to any student residing in the state.” (Emphasis supplied.)

146. Defendants advertised outside the State of Alabama to students in Mississippi.

147. Defendants violated the charter school law by actively recruiting Mississippi

students to enroll in Woodland Prep.

148. As a result, Plaintiffs seek from the Court:

a. a declaration by the Court that enrollment in Alabama charter schools is

limited to residents of Alabama;

b. a writ of mandamus to Defendants to immediately remove any out-of-state

students listed as pre-enrolling in Woodland Prep; and

c. a writ of prohibition to Defendants to cease and desist all advertising and

other efforts to solicit or accept students from outside the State of Alabama.

[19]
 DOCUMENT 2

COUNT IV

DECLARATORY JUDGMENT AND WRIT OF PROHIBITION TO PREVENT

UNLAWFUL EXPENDITURE OF PUBLIC FUNDS

149. All paragraphs above are readopted and reincorporated as if fully set out herein.

150. Only lawfully-approved public charter schools are entitled to receive taxpayer

funds from the State Department of Education for their operations.

151. Only lawfully-approved charter schools are also entitled to receive certain local

funds from the local board of education.

152. Because Woodland Prep was not authorized in compliance with the charter school

law as set forth above, it would be unlawful for the State Department of Education to authorize

any funds to be distributed to Woodland Prep.

153. It would also be unlawful for Woodland Prep to receive any other public property.

154. Any contract purporting to provide public funds to or for Woodland Prep is void as

being against public policy, would cause harm to the public, and is void for having been tainted

by fraud ab initio.

155. Taxpayers have standing to seek injunctive relief to prevent the unlawful

distribution of public funds or public property. See Ingle v. Adkins, 256 So.3d 62 (Ala. 2017)

([T]axpayers have an equitable ownership in the public funds and will be responsible for

replenishing the public funds if those funds are misappropriated, and, thus, a taxpayer suffers an

injury when public funds are illegally spent.)

[20]
 DOCUMENT 2

156. Thus, Plaintiffs request that the Court issue a judgment declaring that Woodland

Prep, having not been lawfully authorized as a charter school, is not entitled to the receipt of public

funds.

157. Plaintiffs further request an Order prohibiting Defendant Soner Tarim or any

entity/individual acting in concert with him, from receiving any public funds or property from the

State of Alabama, the local board of education, and any other Alabama public entity.

PRAYER FOR RELIEF

WHEREFORE, THE PREMISES CONSIDERED, Plaintiffs respectfully pray that the

Court will:

(a) issue a judgment declaring that Defendant Soner Tarim is the alter ego of Defendant

WCSF and Woodland Prep;

(b) issue a judgment declaring that representations of community support for Woodland

Prep were fraudulent;

(c) issue a judgment declaring that only Alabama residents may enroll in Alabama charter

schools;

(d) issue a judgment declaring the Woodland Prep charter contract void ab initio;

(e) issue a judgment declaring the Woodland Prep charter school application to be a

fraudulent instrument;

(f) issue a writ of mandamus to Defendant WCSF to withdraw its Woodland Prep charter

school application;

(g) Issue a writ of prohibition proscribing Defendant WCSF, Defendant Soner Tarim, or

any individual/entity acting in concert with Defendant Soner Tarim and Defendant

WCSF from reapplying for a startup charter school;

[21]
 DOCUMENT 2

(h) issue injunctions, as well as writs of mandamus and prohibition, to prevent Defendant

WCSF and all other Defendants from opening Woodland Prep.

(i) provide such other relief as the Court deems appropriate, including, but not limited to,

attorneys’ fees, costs, and expenses.

RESPECTFULLY SUBMITTED on August 2, 2019.

/s/ Thomas M. Loper

THOMAS M. LOPER (LOP007)
Counsel for the Plaintiffs
Loper Law LLC
452 Government Street, Suite E
Mobile, Alabama 36602-2320
Phone: (251) 288-8308
Email: tloper@loperlawllc.com

/s/ Clinton M. Daughtrey

CLINTON M. DAUGHTREY (DAU005)
Counsel for the Plaintiffs
Alabama Education Association
P.O. Box 4177
Montgomery, Alabama 36103-4177
Phone: (334) 834-9790
Email: clintd@alaedu.org

/s/ Victoria D. Relf

VICTORIA D. RELF (REL004)
Counsel for the Plaintiffs
Alabama Education Association
P.O. Box 4177
Montgomery, Alabama 36103-4177
Phone: (334) 834-9790
Email: Victoria.Relf@alaedu.org

* * * * * * * * * * * * * * * * ** * * * * * * * * * * * * * * * *

DEFENDANTS WILL BE SERVED VIA CERTIFIED MAIL

[22]
 DOCUMENT 2

SERVE DEFENDANTS AS FOLLOWS:

Soner Tarim

Unity School Services

c/o Registered Agents Inc.
212 W. Troy St, Ste B
Dothan, Alabama 36303

Washington County Students First

c/o Thad Becton

Thad Becton

Tiffany Dumas

Paul (Gene) Brown

Leo Leddon

Nancy Alston

Jessica Ross

Jacob Snow

[23]
DOCUMENT 2
DOCUMENT 2
DOCUMENT 2
DOCUMENT 2