Laserfiche WebLink
Plaintiff's decision to the South Bend Common Council nor did they <br />make the required change in the window. <br />11) On or about May 15, 1992, William F. Moran acquired title <br />to the subject Real Estate. <br />12) On June 11, 1992, Defendant Moran was notified by letter <br />from Plaintiff's Director, Fred Holycross, of the historically <br />inappropriate window and was directed to remove the window. <br />13) As of this date, Defendant Moran has taken no action <br />regarding the elliptical window which remains as it was when <br />improperly installed by the previous owners. <br />14) Pursuant to the South Bend Municipal Code, Section <br />21-117.2(e)(7), Plaintiff has.the power to invoke "all appropriate <br />legal remedies at the state and local levels . . . when seeking <br />.compliance. with standards for preserving and protecting-. . . Historic <br />Preservation Districts." <br />15) Plaintiff's legal remedy is inadequate and harm to <br />Plaintiff's objective of preserving Historic Preservation Districts is <br />irreparable unless defendant is enjoined by this Court from <br />maintaining the elliptical window in the building on 1071 Riverside <br />Drive. <br />WHEREFORE, Plaintiff prays for an order of this Court <br />enjoining Defendant from maintaining an elliptical window in the <br />building located at 1071 Riverside Drive contrary to the opinion and <br />recommendation of the Plaintiff Historic Preservation Commission, for <br />the costs and all other proper relief. <br />4. <br />