Laserfiche WebLink
Mashpee (copy attached as Exhibit One). <br /> 16. Plaintiff is aggrieved by the decision of the ZBA. <br /> COUNT 1 <br /> 17. Plaintiffs repeat the allegations in paragraphs 1 through 16 set forth above and, <br /> further, allege as follows. <br /> 18. The ZBA's decision was not supported by the facts or law. <br /> 19. The ZBA' decisions was arbitrary and capricious, constituted an error of law, <br /> constituted an abuse of discretion, exceeded the authority of the ZBA, was against the <br /> weight of evidence presented at the public hearing, and was otherwise unlawful. <br /> WHEREFORE, Plaintiffs request that this court enter judgment as follows: <br /> a. That the decisions of the ZBA was: <br /> I. in excess of the ZBXs authority or jurisdiction, <br /> ii, based upon error of law, <br /> iii. made upon unlawful procedure, and/or <br /> iv, unsupported by factual evidence. <br /> b. Issue an Order: <br /> i. reversing the decision, <br /> ii. ordering that the "moderate income" restriction be removed from the <br /> comprehensive permit, and <br /> 4 <br />