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25. The Plaintiffs have suffered and will suffer an injury special and <br /> different from the public as a result of the Commission's Decision. <br /> COUNT I: APPEAL PURSUANT TO G.L. c 249, & 4 <br /> 26. The Plaintiffs reallege and reaver the allegations contained in <br /> Paragraphs 1 through 25. <br /> 27. -The Commission's decision to issue the Order of Conditions is <br /> erroneous because, inter alia, (a) Cook's application failed to provide <br /> sufficient information for the Commission to properly evaluate the <br /> proposed project; (b) Cook failed to properly identify all Resource <br /> Areas that will be impacted by the proposed project; (c) the application <br /> failed to accurately describe the scope and size of the project; (d) the <br /> proposed project does not comply with the Bylaw, the Regulations and <br /> applicable performance standards; (e) the Commission failed to require <br /> Cook to perform a wildlife habitat evaluation which was explicitly <br /> required by the Regulations; and (f) the permit granted by the <br /> Commission fails to adequately protected the interests of the Bylaw, <br /> 28, .The decision of the Commission is: <br /> 'TROY WAIff. <br /> ASSOCIATES <br /> ATTORNEYS AND (a) in excess of its authority and jurisdiction; <br /> COUNSELLORS AT LAW <br /> 90 ROUTE 6A <br /> ANDWICH,MASSACHUSETTS (b) based upon error of law; <br /> 02563-1866 <br /> PHONE:(508)888-5700 <br />