III. Facts Common To All Counts
A. HHPC’s Statutory Authority, Regulations and Design Guidelines12.
On September 17, 1971, the Alabama Legislature passed Act No. 1307, H.2095, authorizing municipalities having a population between 135,000 and 185,000 to creategoverning bodies to protect the historic character of such municipalities, including, but notlimited to, defining the boundaries of historic districts and enacting procedures and regulations topromote the preservation of such districts (the “1971 Act”).13.
Based on the authority granted in the 1971 Act, the City, pursuant to Section2-1541 of the Huntsville, Alabama Code of Ordinances, established HHPC. Huntsville,Alabama Code of Ordinances § 2-1541; Code 1982 § 10-41. HHPC was (and still is) “composedof nine members, including one member of the city council designated by it, the manager of planning and the manager of inspection.” Id. at § 2-1542(a); Code 1982 § 10-42.14.
On May 4, 1989, the Alabama Legislature passed Act No. 89-536, S. 267 of the 1989 Regular Session of the Legislature (the “1989 Act”), which amended the 1971 Act andcontinued to provide for the establishment of historic preservation commissions. The 1989 Actwas codified at Sections 11-68-1 through 11-68-15 of the Code of Alabama.15.
The 1989 Act provides that a historic preservation commission can not permitmore than one-fifth of its members to be public officials. Ala. Code § 11-68-3(a).16.
The 1989 Act authorizes a historic preservation commission to adopt generaldesign standards to apply in considering the granting or denial of certificates of appropriatenessand further mandates that such commission “shall approve an application and issue acertification of appropriateness if it finds that the proposed change, erection, or demolition