COA APPLICATION #2020-0302: NORTHERN INDIANA HISTORIC SOCIETY INC. V. SOUTH BEND HISTORIC PRESERVATION COMMISSION

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III. STANDARD OF REVIEW. The denial by HPC of the Museum's Petition at the June 15, 2020 HPC meeting and underlying conclusions and factual determinations are: (1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (2) contrary to constitutional right, power, privilege, or immunity; (3) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right; (4) without observance of procedure required by law; and/or (5) unsupported by substantial evidence. In support, the Museum states: IV. FACTS, ARGUMENTS AND CONTENTIONS A. Preservation. As a basis for denial of the Petition, HPC indicated that it would like to see more in terms of proposed future funding for maintenance as a way for making up for the potential loss in historic tax credit resources. After it is moved, the Cabin will lose its status on the National Register of Historic Places, as well as HPC oversight as a Local Historic Landmark. However, the Museum intends to (1) apply for Local Historic Landmark status to continue the protective oversight of the HPC and work closely with HPC on issues regarding maintenance and upkeep, and (2) reapply for National Register status for the Cabin on its own merits, instead of as a part of Leeper Park. Even so, the Museum has only asked for federal grant money once, when a DNR grant provided a portion of the restoration costs for the Cabin. This restoration was an exceptional case, which the Museum does not expect to have to undertake again, and the funds received provided 10