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Westminster Moldings LLC v. Historic Preservation Commission <br />Petitioner's Evidentiary and Administrative Record and Position Statement <br />November 10, 2021 <br />Submitted by Jeffrey Flathers representing Westminster Holdings LLC <br />INTRODUCTION <br />On October 18, 2021, Westminster Holdings LLC filed in the South Bend City Clerk's Office an <br />Appeal to the South Bend Common Council of the Historic Preservation Commission's Denial of <br />Certificate of Appropriateness, Application #2021-0810. <br />The Appeal gives a chronological outline of the events leading up to the filing, and I reference the <br />Council to that document for the relevant specifics. <br />The Petitioner's application is very cogent in it's allegations. <br />STANDARD OF REVIEW <br />We ask that the Common Council apply a standard of review based on issues of law, issues of fact <br />(who, what, when, where, why), issues of fact and law, and discretionary matters. <br />ISSUES OF LAW <br />As stated in the Appeal, the HPC in its September 20, 2021 ruling specifically violated Petitioner's <br />constitutional rights under the Indiana state constitution and under the United States' Constitution. <br />Specifically, we allege that the HPC, in hearing the case was sitting and ruling unconstitutionally <br />because one of its voting members was ineligible to sit on the Commission by violating Article 6, <br />Section 6 of the Indiana Constitution, which states: <br />"All county, township, and town officers, shall reside in their respective counties, townships and towns; <br />and shall keep their respective offices at such places threrein, and perfom such duties, as may be <br />directed by law. " <br />Because Mr. John Tiffany, acting as a Commissioner was not a resident of Portage Township, in which <br />the Chapin Historic District lies, he was unconstitutionally abrogating Petitioner's protected rights <br />under the State Constitution. <br />As a second cause of action, and issue of law, the HPC violated Petitioner's rights under the Equal <br />Protection Clause of the United States' Constitution as elaborated in the 14th Amendment: <br />"No State shall... deprive any person of life, liberty, or property, without due process of law; nor deny <br />to any person within its jurisdiction the equal protection of laws. " <br />The Petitioner maintains that the HPC does not have a written standard preventing Vinyl Clad Windows <br />