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consistent with any findings of the Court; and <br /> 4. For whatever other relief the Court may deem just and proper. <br /> COUNT II <br /> Appeal of Special Permit <br /> (M.G.L. c. 40A, Section 17) <br /> 10. The plaintiffs restate and reallege Paragraphs 1 through 7 as set forth above as if the <br /> same were set forth herein in their entirety. <br /> 11. The plaintiffs are aggrieved by the decision of the defendant Board attached hereto as <br /> Exhibit B and allege that the defendant Board's decision: is in excess of its authority and/or is <br /> based on legally untenable grounds and/or is whimsical, arbitrary or capricious. <br /> WHEREFORE,the plaintiffs pray: <br /> 1. That the decision of the Board be annulled; <br /> 2. That the Court make findings of fact on all issues presented; <br /> 3. That the petition of the plaintiffs be remanded to the Board for further action <br /> consistent with any findings of the Court; and <br /> 4. For whatever other relief the Court may deem just and proper. <br /> LPlaiintiffl$ir attorney; <br /> Date: Feb. 12,2007 <br /> Daniel M. Creedon,III <br /> BBO#: 630382 <br /> Creedon&Early,P.A. <br /> 1436 Iyannough Road, Suite 1 <br /> Hyannis,MA 02601 <br /> (508)362-6969 <br /> 2 <br />