BEFORE THE CHANCERY COURT OF MADISON COUNTY, MISSISSIPPI MISSISSIPPI BOARD OF LICENSURE FOR PROFESSIONAL ENGINEERS AND SURVEYORS PLAINTIFF V. Cause No. Zol/l QOZ BRENT MELTON AND VIZALINE LLC DEFENDANTS SUMMONS STATE OF MISSISSIPPI COUNTY OF MADISON To: Vizaline LLC Brent Melton 216 Hickory Glen, Madison, MS 39110. NOTICE TO THE COMPLAINT WHICH IS ATTACHED TO THIS SUMMONS IS IMPORTANT AND YOU MUST TAKE IMMEDIATE ACTION TO PROTECT YOUR RIGHTS. You are required to mail or hand deliver a copy of a written response to the COMPLAINT to James A. Bobo, the attorney for the Plaintiff, Whose address is Post Of?ce Box 220, Jackson, Mississippi. 39205 . Your response must be mailed or delivered Within thirty (30) days from the date of delivery of this SUMMONS and COMPLAINT or a judgment by default will be entered against you for the money or other things demanded in the COMPLAINT. You must file the original of your response with the Clerk of this Court Within a reasonable time afterward. 6? Issued and the seal of said Court, this the lg?y of September, 2017. Cl i? sys?f?' {f a: CHANCERY COURT CLERK M: MADISON COUNTY, MISSISSIPPI 3 . ?as? CANTON, MISSISSIPPI D.C. BEFORE THE CHANCERY COURT OF MADISON COUNTY, MISSISSIPPI MISSISSIPPI BOARD OF LICENSURE FOR PROFESSIONAL ENGINEERS AND SURVEYORS PLAINTIFF V. IMADIJOECOUQ be #402: Q) BRENT MELTON SEP 21 201? AND VIZALINE LLC RONNY CHANCERY CLERK DEFENDANTS BY D.C. COMPLAINT The Mississippi Board of Licensure for Professional Engineers and Surveyors (?Board?), by and through its counsel, makes the following Complaint: JURSIDICTION 1. Jurisdiction is proper in this Court. Art. 6, $159 Of the Mississippi Constitution Of 1890 and Miss. Code $96?81. Venue is proper in this Court. Miss. Code ?11?11?3. PARTIES 2. The Board of Licensure for Professional Engineers and Surveyors is subdivision Of the State Of Mississippi, created by the Legislature as set forth in Miss. Code et seq., and has the express power to institute proceedings in its own name; to enforce the provisions of Chapter 13 Of Title 73 of the Mississippi Code; and tO initiate prosecutions for violations Of the laws pertaining tO the unauthorized practice of surveying. Miss. Code ?73?13-15 . -1- 3. Brent Melton is an adult resident citizen of the State of Mississippi and may be served with process at his residence located at 216 Hickory Glen, Madison, Ms 39110. 4. Vizaline LLC is a Mississippi limited liability company which may be served with process upon its registered agent Brent Melton at 216 Hickory Glen, Madison, Ms 391 10. FACTS 5. The Mississippi Legislature has de?ned the practice of surveying as follows: The practice of ?surveying,? within the meaning and intent of Sections 73?13-71 through 73?13?105, shall mean providing profes sional services such as consultation, investigation, testimony evaluation, expert technical testimony, planning, mapping, assembling and interpreting reliable scienti?c measurement and information . relative to the location, size, shape or physical features of the earth, improvements on the earth, the space above the earth, or any part of the earth, utilization and development of these facts and interpretation into an orderly survey map, plan or report and in particular, the retracement of or the creating of land boundaries and descriptions of real property. The practice of surveying includes, but is not limited to, any one or more of the following: Locating, relocating, establishing, reestablishing, laying out or retracing any property boundary or easement. Making any survey for the subdivision of any tract of land, including rights-of?way and easements. -2- Determining, by the use of principles of surveying, the position for any survey monument or reference point; or setting, resetting or replacing any such monument or reference point, commonly known as control surveys. Creating, preparing or modifying electronic or computerized data, including land information systems and geographic information systems, relative to the performance of the activities in the above- described paragraphs through 6. Miss. Code ?73-13-73 provides as follows: No person shall practice surveying without having ?rst been duly and regularly licensed by the Board of Licensure for Professional Engineers and Surveyors as a professional surveyor as required by Sections 73?13-71 through The practice of surveying, which must be performed by or under the direct supervision of a professional surveyor and each map or drawing of which must be stamped with the seal of said licensee as provided in Section 73?13?83, includes, but is not limited to, the following: property and boundary surveys; subdivision surveys and. plats; public land surveys; easement surveys; right-of?way surveys; lease surveys; and all other surveys that require the establishment or reestablishment of property boundaries. Duties within the practice of surveying which must be performed by or under the direct supervision of a professional surveyor and each map, drawing or report of which must be stamped with the seal of said licensee as provided in Sections 73?13?29 and 73?13?83, include, but are not limited to, the following: Determining the con?guration or contour of the earth's surface or the position of ?xed objects thereon, commonly known as ..3- topographical surveys and as?built surveys (excluding the location of property boundaries); Performing geodetic surveying which includes surveying for determination of the size and shape of the earth utilizing angular and linear measurements through spatially oriented spherical geometry; Determining, by the use of principles of surveying, the position for any survey control (nonboundary) monument or reference point; or setting, resetting or placing any such monument or reference point; and Creating, preparing or modifying electronic or computerized data, including land information systems, and geographic information systems, relative to the performance of the activities in the above- described paragraphs through 7. The Mississippi Board of Licensure for Professional Engineers and Surveyors is authorized and empowered to examine applicants for registration to practice surveying; to license and issue certi?cates of licensure to all applicants whom it deems quali?ed to practice surveying in accordance with the applicable statutes. ?73-13?75. Miss. Code $73?13?95 provides: Unless licensed in accordance with the provisions of Sections 73?13?71 through 73?13?105, no person shall: I 3: :f :5 LL Receive any fee or compensation or the promise of any fee or compensation for performing, offering or attempting to perform any service, work, act or thing which is any part of the practice of surveying. Any person, ?rm, partnership, association or corporation which shall do, offer or attempt to do any one or more of the acts or things set forth in items through of the preceding paragraph shall be conclusively presumed and regarded as engaged in the practice of surveying. It shall be the duty of all duly constituted of?cers of the law of this state, or any political subdivision thereof, to enforce the provisions of Sections 73?13?71 through 73-13?105 and to prosecute any persons violating same. Except as otherwise authorized in Section 7?5?39, the Attorney General of the state or his assistant shall act as legal adviser of the board and render such legal assistance as may be necessary in carrying out the provisions of Sections 73?13?71through 73-13?105. 9. Melton has engaged, and continues to engage in the practice of surveying while not being licensed by the Board. Speci?cally, within the State of Mississippi, while without a license to do so, and on numerous occasions: Melton has provided professional services such as consultation, investigation, planning, mapping, assembling and interpreting information relative to the location, size, shape or physical features of the earth, improvements on the earth, the space above the earth, or any part of the earth, utilization and development of these facts and interpretation into an orderly survey map, plan or report and otherwise preformed those activities described in MiSs. Code inclusive. 10. Vizaline LLC has engaged, and continues to engage in the practice of surveying while not being licensed by the Board. Speci?cally, Within the State of Mississippi, while Without a license to do so, and on numerous occasions: Vizaline LLC has provided professional services such as consultation, investigation, planning, mapping, assembling and interpreting information relative to the location, size, shape or physical features of the earth, improvements on the earth, the space above the earth, or any part of the earth, utilization and development of these facts and interpretation into an orderly survey map, plan or report and otherwise preformed those activities described in Miss. Code inclusive. 11. The Defendants routinely provide plats which are the practice of surveying. For example, the Defendants provide plats, such as the following: ?ylv-nz?xu ?Iva? . :33 wannm i 95 El?la?fsti?li 1 61? 151.9! 3?14? I Xfl?i?j'?? It?: Hairgnvuxia I: In.- vermin rut pm'v'v "mm. f~ 121"! 35?! i, Tin-H $41361 1Q 3 :qur. 1 last?: HI (It {bird in its: an err: in n: me. 3? 12. The Defendants hold their professional service out as the equivalent of professional surveying services. The Defendants advertise as follows: What is your timbre. trending lay cm the requirement of ain't: rs? ?aw do you ?new - that your legal are correct or. iunn anion-ts {cs-.1 than the policy? this a risk you an willing to an 2% pt? What If yen had a: way to eliminate that risk at we cost to t"a bank? 13. The Defendants hold themselves out as providing, and have provided, professional services such as consultation, investigation, planning, mapping, assembling and interpreting information. The Defendants have stated: on; no: firm! a mistake '?hnim war whit-tan" \?u?lnl I?rianfn identify sandman: the: intentions 2?7 the lags! cheer p?en, We may then pm on you what we thinking eenseimiismd distances am. You the: share {how wit 91? valuing 3114:?nt to cm?m their sex-swan). that am: an: nu! a?omoporwrvana. ?warm.? we try to help you who the: p: UNI: and iuinmi: entrails: {m and LI t: mummies. I: 2? a 4 i 14. Melton has received fees or compensation for performing, offering or attempting to perform any service, work, act or thing which is any part of the practice of surveying while not being licensed by the Board. 15. Vizaline LLC has received fees or compensation for performing, offering or attempting to perform any service, work, act or thing which is any part of the practice of surveying while not being licensed by the Board. CLAIMS FOR RELIEF INJUNCTIONS 16. The averments of paragraphs numbered 1 through 15, inclusive, are incorporated and reasserted. 17. The Board is entitled to a temporary and permanent injunction prohibiting the Defendants, individually and separately, from Violating the provisions of Chapter 13 of Title 75 of the Mississippi Code, including but not limited to engaging, or attempting to engage, in the unlicensed practice of surveying and from offering, or attempting to offer, services which constitute the practice of surveying or receiving any fee or compensation or the promise of any fee or compensation for performing, offering or attempting to perform any service, work, act or thing which is any part of the practice of surveying. -3- ACCOUNTING AND DISGORGEMENT 18. The averments of paragraphs numbered 1 through 15, inclusive, are incorporated and reasserted. 19. The Defendants should be required to account to the Court for all fees and compensation which they, jointly or individually, have collected for services which constitute the practice of surveying within the State of Mississippi. 20. The Defendants should be required to disgorge themselves, jointly and individually, of all fees and compensation which they, jointly or individually, have collected for services which constitute the practice of surveying within the State of Mississippi. WHEREFORE Premises Considered the Mississippi Board of Licensure for Professional Engineers and Surveyors prays that the Court grant it both temporary and permanent injunctions prohibiting Brent Milton, Vizaline LLC, and persons or entities acting in concert with them, from offering services which constitute the practice of surveying or from otherwise engaging in the practice of surveying within the state of Mississippi. The Board further prays that the Defendants be required to fullyaccount to the Court for all fees and compensation collected or received by both or either of the Defendants for performing services which constitute the practice of surveying within the state of Mississippi and that the -9- Court Order and Direct that the Defendants immediately disgorge themselves of such fees and compensation by returning all amounts to the persons or entities from Whom its was received or collected, along With legal interest thereon calculated from the date of receipt until the date of disgorgement. The Board prays for a judgment against the Defendants, jointly and severally, for such other and further relief to which the Board may be entitled, including but not limited to all attorneys? fees, costs and expenses. Respectfully Submitted this the 20th Day of September, 2017. MISSISSIPPI BOARD OF LICENSURE FOR PROFESSIONAL ENGINEERS AND SURVEYORS THE STATE OF MISSISSIPPI, OFFICE OF STATE AUDITOR BY: JIM HOOD, ATTORNEY GENERAL, STATE OF MISSISSIPPI BY: 5/ Iames A. Bobo JAMES A. No. 3604 SPECIAL ASSISTANT ATTORNEY GENERAL Of?ce of the Attorney General Civil Litigation Division Post Of?ce Box 220 Jackson, Mississippi 39205 Telephone: (601) 359-3680 Facsimile: (601) 359-2003 Email: MW -10-