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Propst Lawsuit

Propst Lawsuit

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Bill Propst Jr. lawsuit challenging the Huntsville Historic Preservation Commission's denial of construction of new home on Echols Avenue.
Bill Propst Jr. lawsuit challenging the Huntsville Historic Preservation Commission's denial of construction of new home on Echols Avenue.

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Published by: The Huntsville Times on May 29, 2012
Copyright:Attribution Non-commercial

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07/10/2013

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H0094052.3
IN THE CIRCUIT COURT FOR MADISON COUNTY, ALABAMAECHOLS PROPERTIES, LLC a/k/aECHOLS, LLC,Plaintiff,v.HUNTSVILLE HISTORICPRESERVATION COMMISSION, CITYOF HUNTSVILLE, JAN WILLIAMS,MARIE BOSTICK, DAVID ELY, JUDYPERSZYK, RANDY CUNNINGHAM andRALPH ALLEN,Defendants.)))))))))))))))CASE NO: _______________________COMPLAINT
COMES NOW Plaintiff ECHOLS PROPERTIES, LLC a/k/a ECHOLS, LLC (“Echols”)and for its Complaint against Defendants HUNTSVILLE HISTORIC PRESERVATIONCOMMISSION (“HHPC”), CITY OF HUNTSVILLE (the “City”), JUDY PERSZYK(“Perszyk”), JAN WILLIAMS (“Williams”), DAVID ELY (“Ely”), MARIE BOSTICK(“Bostick”), RANDY CUNNINGHAM (“Cunningham”) and RALPH ALLEN (“Allen,” andcollectively with HHPC, the City, Perszyk, Williams, Ely, Bostick and Cunningham,“Defendants”), states as follows:
I. Parties
1.
 
Echols is an Alabama limited liability company with its principal place of business located at 401 Meridian Street, Suite 300, Huntsville, Alabama 35801.2.
 
HHPC is a historic preservation commission organized pursuant to Section11-68-1, et seq. of the Code of Alabama.3.
 
The City is a municipal corporation of the State of Alabama.
 
ELECTRONICALLY FILED5/25/2012 11:22 AMCV-2012-900691.00CIRCUIT COURT OFMADISON COUNTY, ALABAMAJANE C. SMITH, CLERK
 
 
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H0094052.3
4.
 
Perszyk is an individual over the age of nineteen (19) years and a resident of Madison County, Alabama. Perszyk is sued in both her official and individual capacity.5.
 
Williams is an individual over the age of nineteen (19) years and a resident of Madison County, Alabama. Williams is sued in both his official and individual capacity.6.
 
Ely is an individual over the age of nineteen (19) years and a resident of Madison County, Alabama. Ely is sued in both his official and individual capacity.7.
 
Bostick is an individual over the age of nineteen (19) years and a resident of Madison County, Alabama. Bostick is sued in both her official and individual capacity.8.
 
Cunningham is an individual over the age of nineteen (19) years and aresident of Madison County, Alabama. Cunningham is sued in both his official and individualcapacity.9.
 
Allen is an individual over the age of nineteen (19) years and a resident of Madison County, Alabama.
II. Jurisdiction and Venue
10.
 
This Court has subject matter jurisdiction pursuant to Sections 12-11-30, 12-11-31 and 11-68-10 of the Code of Alabama.11.
 
Venue is proper pursuant to Sections 6-3-2 and 6-3-11 of the Code of Alabama.
 
 
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H0094052.3
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

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