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Still, when queried, every one of the eight commissioners present answered yes, by a <br />show of hands, that they were residents of South Bend and residents of Portage <br />Township. The Chapin Historic District lies within Portage Township. <br />The Commission, by a vote of 8-0 denied the COA. <br />On September 23, 2021, Mr. Toering sent a letter addressed to the Appellant, outlining <br />the denial, referencing the Standards and Guidelines of the Chapin Historic District <br />(EXHIBIT 1). The letter noted that "Pursuant to South Bend Municipal Code Section <br />21-12.04(b)((6)(G)(ii), an applicant may appeal the denial of a Certificate of <br />Appropriateness by the Historic Preservation Commission to the Common Council, <br />which shall make a final determination of the application." <br />This APPEAL is founded on three Points of Action, all of which are Constitutionally - <br />based. <br />CAUSE OF ACTION #1 <br />The Indiana State Constitution, Article 6, Section 6 states: <br />"All county, township and town officers, shall reside in their respective counties, <br />townships and towns; and shall keep their respective offices at such places therein, and <br />perform such duties, as may be directed by law. " <br />When Mr. Flathers asked the commissioners whether they were residents of Portage <br />Township, all eight commissioners said, or indicated, "yes". Mr. John Tiffany, sitting as <br />a commissioner, seemed to be nervous and hedging in his response, a point noted by the <br />Appellant. Still, Mr. Tiffany raised his hand and answered "yes" that he lived in Portage <br />Township. <br />In a Mortgage document filed with the Cass County, Michigan Clerk, dated April 28, <br />2021, Mr. Tiffany obtained a loan from 1St Source Bank to purchase 68432-68434 <br />Ginger Street, Edwardsburg, MI 49112. That document lists the borrower's address as <br />17540 Darden Road, South Bend, IN 46635. The first two pages of the Mortgage is <br />attached as evidence to this appeal (EXHIBIT 2). <br />Neither Mr. Tiffany's old home on Darden Road nor his new home in <br />Edwardsburg, Michigan, are in Portage Township. <br />In answering the question posed to him by the Appellant, as to whether he was a <br />