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3) The subject Real Estate at 1071 Riverside Drive, <br />South Bend, St. Joseph County, Indiana, is located in a Historic <br />Preservation District duly designated as such by the Plaintiff . <br />Commission and approved by the South Bend Common Council, and is, <br />therefore, subject to the rules and regulations enacted by the <br />Historic Preservation Commission concerning maintenance and <br />construction of any exterior feature of any building in a historic <br />district, a certified copy of the South Bend Municipal Code Ordinance <br />governing the Plaintiff Commission is attached hereto as Exhibit "A." <br />4) At all times relevant to this action the Rules and <br />Regulations of the South Bend/St. Joseph County Historic Preservation <br />Commission required that in a historic district a certificate of <br />appropriateness must be issued by the Plaintiff Commission before an <br />owner of a building in a historic district can make any "material <br />changes in exterior appearance of existing contemporary buildings by <br />addition, reconstruction, alteration." [Certificate of <br />Appropriateness Procedures I(D), a copy of which is attached as <br />Exhibit "B"]. <br />5) At some unknown time around December 1991, Defendant's <br />predecessor owners of 1071 Riverside Drive, namely Ann Manion and <br />Steven Murphy, installed an elliptical window in the rear first floor <br />addition of the subject realty without obtaining a certificate of <br />appropriateness. <br />6) The elliptical window installed at 1071 Riverside Drive <br />around December 1991 by the previous owners is inappropriate to the <br />2. <br />