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In 2015 to 2016, Mr. Boyd filed for an application for a building permit and sometime later filed an application for a COA. The Building Department mistakenly issued a Building Permit without requiring Mr. Boyd to obtain a COA; however, Mr. Boyd did submit an Application for a COA (Application No. 2016-0809) in August of 2016. That application was for the following modifications: Roof, window replacement, apply for addition—siding vinyl and window replacement is long term. Current plan is to keep windows boarded up for security reasons (2 replacement windows have been broken. Color of vinyl siding is brown. Application No. 2016-0809 was denied unanimously in a public hearing of the HPC on September 19, 2016. The denial of that application was appealed to the Common Council of the City of South Bend and was upheld by a tied vote of the Common Council on February 28, 2017. Mr. Boyd then appealed the denial of Application No. 2016-0809 to the St. Joseph Superior Court, Cause No. 71D07-1703-MI-000086, where the appeal was dismissed as against the HPC, St. Joseph County Common Council and St. Joseph County Building Department on May 24, 2017 and against the City of South Bend on July 21, 2017. The dismissal as against the HPC was for a 12(B)(6) failure to state a claim, making this a dismissal on the merits. Ragnar Benson, Inc. v. Wm. P. Jungclaus Co., 352 N.E.2d 817 (Ind. Ct. App. 1976) ("However, it is generally considered that the entry of judgment following dismissal on the ground of failure to state a claim upon which relief could be granted constitutes an adjudication on the merits of the asserted claim barring its subsequent assertion.") Mr. Boyd, following the dismissal of his appeal of the denial of Application No. 2016- 0809, then filed a subsequent COA application, Application No. 2017-0602A on June 2, 2017. The description given of the proposed work for Application No. 2017-0602A was: 3