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9. The foregoing provisions in the Building Code provide that occupants are <br /> "primarily"transient in nature not exclusively transient. <br /> 10. As a result of the foregoing Cease and Desist Order, Plaintiff filed an appeal <br /> to the Town of Mashpee Zoning Board of Appeals on April 8, 2008, seeking to have the <br /> Cease and Desist Order set aside or reversed. <br /> 11. On May 14, 2008, the Board of Appeals convened a hearing on the appeal <br /> from the Cease and Desist Order. <br /> 12. Plaintiff presented evidence and testimony that the guests staying at the <br /> Motel were primarily transient in nature, although there were some that stayed for a period <br /> of more than thirty (30) days. See Exhibit "F" attached hereto. <br /> 13. Despite the foregoing, Defendants,after hearing and review of the applicant's <br /> submitals, voted to deny the Plaintiff's request to overturn the Building Inspector/Zoning <br /> Enforcement Agent's Order. Attached hereto is copy of the decision appealed from <br /> certified by the Town Clerk. See Exhibit "G" attached hereto. <br /> 14. The decision of the Zoning Board of Appeals exceeds the authority of the <br /> Board as the Board unfairly and improperly interpreted the State Building Code. <br /> 15. The Board acted with gross negligence, in bad faith, or with malice. <br /> WHEREFORE, Plaintiff prays that: <br /> 1. The decision be annulled; <br /> 2. It be awarded the costs of bringing this action; and <br /> 3. Any further order this Court deems just and appropriate. <br /> RESPECTFULLY SUBMITTED, <br /> Attorney for the Plaintiff, <br /> Robert F. Mills., Esq. <br /> WYNN & WYNN, P.C. <br /> 300 Barnstable Road <br /> Hyannis, MA 02601 <br /> (508) 775-3665 " <br /> BBO #542732 <br /> Date: July 14, 2006 <br /> 3 <br />