WestminsterHoldingsLLCPositionStatement11102021

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within the Chapin Historic District. Moreover, in it's September 20' hearing and October 18' filing, Petitioner submitted a sheaf of 17 photos which show the presence of vinyl windows in many homes within the Historic District. Because the owners of those homes have been allowed to replace their old windows with vinyl ones, and because the HPC demands that the Petitioner replace its windows, there is a clear double standard in the Commission's application of its guidelines and its ruling. This violates the Equal Protection Clause. As a final issue of law, and cause of action, Petitioner asserts that the City's Historic Preservation Administrator, Mr. Adam Toering, individually, or in conjunction with South Bend city employees breached Petitioner's rights under the 4' Amendment to the United States' Constitution, by illegally entering upon 768 Portage Avenue to seize window sashes without a warrant. The 4' Amendment states: "The right of the people to be secure in their persons, house, papers and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. " The City's warrantless entry onto Petitioner's real property, and seizure of personal property, violated Petitioner's express 41 Amendment rights. FACTS Attached with Petitioner's October 18' filing, Westminster Holdings LLC submitted the first two pages of a mortgage for Mr. John Tiffany to purchase 68432-68434 Ginger Street in Edwardsburg, Michigan. Mr. Tiffany's new home is outside of the City of South Bend and Portage Township. Furthermore; it rests outside the Indiana state line. Lasted on page one of the mortgage document, Mr. Tiffany's (borrower's) address is listed as 17540 Darden Rd, South Bend, IN 46635. This address rests outside of Portage Township. At the September 20, 2021 HPC hearing, Jeffrey Flathers specifically asked each of the commissioners two questions, whether they resided in the City of South Bend and whether they: resided in Portage Township, Mr. Tiffany falsely raised his hand, answering "yes" to each of those questions. When Mr. Flathers asked these questions before the HPC, intending to ensure himself that each of the sitting commissioners was constitutionally eligible to vote on the Certificate of Appropriateness Application, HPC attorney Sandy Kennedy attempted to quash his question, alleging that he was 'asking inappropriate personal questions. Kennedy adamantly yelled "Sit down little man!" at Flathers when he raised the matter. Kennedy also averred that each of the sitting commissioners was constitutionally eligible to vote on the HPC. This was also false because Mr. Tiffany was not eligible to serve or vote on the Commission at the time of the hearing.