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(c) made upon unlawful procedure; <br /> (d) unsupported by substantial evidence in the record; <br /> (e) unwarranted by the facts; and <br /> (f) arbitrary, capricious, and an abuse of iscretion and <br /> otherwise not in accordance with the law. <br /> COUNT 11: DECLARATORY RELIEF <br /> 29. The Plaintiffs reallege and reaver the allegations contained in <br /> Paragraphs 1 through 29. <br /> 30. An actual controversy exists between the parties as to e propriety of <br /> the Commission's decision to issue an Order of Condit ons approving <br /> Cook's proposed aquaculture project. <br /> WHEREFORE, the Plaintiffs respectfully request that his Honorable <br /> Court: <br /> A. Order the Mashpee Conservation Commission to file a certified <br /> copy of the Administrative Record in accordance with Superior <br /> Court Standing Order No.-1-96; <br /> B. Annul the Order of Conditions issued by Mashpe Conservation <br /> Commission; <br /> TROY WA-IS. <br /> -Assocr&TBS C. Enter a Judgment declaring that the Commission's Decision is <br /> ATTORNEYS AND erroneous because it is based upon errors of lam', insubstantial <br /> COUNSELLORS AT LAW <br /> 6A <br /> 90 ROUTE 6A evidence and is arbitrary and capricious; <br /> , <br /> ANDWICH,MASSACHUSETTS <br /> 02563.1866 <br /> PHONE:(508)888-5700 p <br /> O <br />