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the HPC, nor the administrator Mr. Toering, can point to any such restriction in the <br />Guidelines. Their own rules do not specifically ban vinyl windows. <br />That the HPC ruled to deny the COA, when the majority of homes in Chapin Park <br />contain vinyl -clad windows is a clear violation of the Equal Protection Clause to the <br />Appellant. <br />CAUSE OF ACTION 03 <br />The 4tn Amendment to the U.S. Constitution states: <br />"The right of the people to be secure in their persons, houses, papers, and effects, <br />against unreasonable searches and seizures, shall not be violated, and no Warrants <br />shall issue, but upon probable cause, supported by Oath or affirmation, and <br />particularly describing the place to be searched, and the persons or things to be <br />seized. " <br />In his September 23, 2021 notice, Mr. Toering, representing the HPC wrote "Staff <br />retained the removed window sashes were you to want to reinstall them in the window <br />openings. <br />That South Bend employees, apparently, entered upon Appellant's property without a <br />warrant and seized the old windows is a clear violation of the 4' Amendment. <br />Moreover, it represents theft under color of law. At no point has Appellant been <br />provided with an warrant to legalize the seizure of the old window sashes and the <br />taking thereof stands as a violation of Appellant's 4"' Amendment rights. <br />CONCLUSION <br />For the Causes of Action described herein, Appellant formally requests the Common <br />Council overturn the HPC's ruling and AFFIRM the Certificate of Appropriateness <br />application #2021-0810. <br />Signed, <br />f z <br />Jeffrey Flathers, Manager <br />Westminster Holdings LLC <br />