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Petitioner's arguments and contentions are based upon the law and facts. Fundamentally, the facts and <br />law cited in this document, and in the October 18" Appeal demonstrate that the HPC's September 20' <br />ruling was arbitrary, capricious and not in accordance with the State or Federal Constitution. <br />That is the key argument. The question does not revolve around the HPC's right to exercise it's <br />authority within its published Guidelines as adopted by the Common Council <br />The crux of the matter is that the HPC had no authority to deny the Petitioner's COA application <br />because it was a) Sitting illegally because it included an unconstitutional member b) Not applying its <br />Guidelines equally, and thus violating the Equal Protection Clause and c) Colluding in a Warrantless <br />and unconstitutional search and seizure of property. <br />The HPC exceeded its statutory authority by alleging a prohibition on property that does not exist in its <br />mandate. Specifically, there is no law against vinyl windows in South Bend, Indiana, Portage <br />Township, or in Chapin Historic District. <br />As such, the HPC had no right to allege Petitioner violated the District's Guidelines, because he did not. <br />Finally no member of the the HPC, during the hearing, offered any evidence to support their <br />contentions that the Petitioner violated District guidelines. Specifically, no member of the HPC pointed <br />out a specific violation, and therefore they had no cause to deny Petitioner's COA application. <br />EXHIBITS <br />Petitioner already included Exhibit 1, Mr. Toering's September 23, 2021 letter to Westminster Holdings <br />LLC denying the COA Application.and Exhibit 2, the first two pages of Mr. Tiffany's Mortgage to buy <br />a new house in Edwardsburg, MI, dated April 28 2021. <br />In addition to those Exhibits, and the 17 glossy photographs submitted to the City Clerk on October 18. <br />2021, the Petitioner includes an excerpt from the Guidelines for the Chapin Local Historic District. We <br />ask that the Common Council voting members be given access to each of these exhibits which will be <br />addressed by Petitioner in oral arguments. <br />CONCLUSION AND POSITION STATEMENT <br />For the reasons outlined above, Petitioner asks the Common Council to uphold State and Federal <br />Constitutions and to OVERRULE the HPC's capricious and arbitrary denial of his application for a <br />Certificate of Appropriateness. <br />We ask the Application be immediately APPROVED. <br />