Wesminster LLC Pictures and Appeal

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resident of Portage Township, Mr. Tiffany was not truthful. The implications, however, go far beyond that. As an acting officer for the City of South Bend on the Historical Preservation Commission, issuing a ruling on the Chapin Park LHD, Mr. Tiffany was constitutionally required to be a resident of Portage Township, site of the District. The text of Article 6, Section 6 states that "All town officers shall reside in their respective... townships". Since Mr. Tiffany did not reside in Portage Township at the time of his vote, the entire Commission's ruling must be overturned. Mr. Tiffany, and the Historic Preservation Commission, acting under color of law, actively attempted to deprive Mr. Flathers of his Constitutional rights. The Commission's attorney, Ms. Kennedy, in seeking to stop the Appellant from posing a fundamental Constitutional inquiry, also tried to interfere actively with his right to know whether or not commissioners were constitutionally seated to adjudicate the COA. CAUSE OF ACTION #2 The second Constitutional trespass by the HPC is on Amendment 14, the "Equal Protection Clause" to the United States' Constitution. Said Amendment, Section 1 reads, inter alia: "No State shall... deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of laws. " In his presentation of the Commission, September 20, 2021, Appellant supplied a sheaf of 8 x 10 glossy photos of homes within the Chapin Park LHD, all of which had vinyl - clad windows. Appellant and his wife had walked along the sidewalks of Leland and Ashland Streets, as a sample of the area. They took photos of several homes within a one block radius, Appellant later presented 17 such photos to the Commission during his testimony (Collectively, EXHIBIT 3) Commissioner Downs-Krostenko stated that all the homes in Appellant group of photos had their vinyl -clad windows installed prior to the formation of the Chapin Park LHD. The district was established in 2005. By extension, the Commissioner implied that all of the vinyl -clad windows in the photos were legal and thus "grandfathered in." An absolute majority of homes in the sample had vinyl -clad windows. Appellant noted that, and wrote comments discussing the issue of curb -appeal, and historic preservation. Appellant expressed the opinion that the retrofitted homes were more attractive, energy efficient, and more likely to last durably as exemplars of historical preservation.