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22. The Decision of the Board of Appeals denying the plaintiffs appeal is arbitrary and <br /> capricious. <br /> Wherefore, the plaintiffs pray this Court as follows: <br /> a. To annul the decision of the Board of Appeals; <br /> b. To order the Board of Appeals to reverse its Decision and uphold the <br /> plaintiff's appeal; <br /> C. For such other relief as justice and equity may require. <br /> COUNT 3 (vs. William F. Hauck Building Commissioner) <br /> 23. The plaintiffs repeat the allegations contained in Paragraphs 1 through 19 of this <br /> Complaint. <br /> 24. The December 2, 1999 letter ruling by the defendant Building Commissioner is in <br /> error, exceeds his authority and is in violation of Chapter 40A Section 7 which states that <br /> the "building commissioner ... shall withhold apermit for the construction, alteration or <br /> moving of any building or structure if the building or structure as constructed, altered or <br /> moved would be in violation of any zoning ordinance or bylaw;". <br /> Wherefore the plaintiffs pray this Court as follows: <br /> a. That the court issue a temporary restraining order against the Building <br /> !i <br /> Commissioner retraining him from issuing a building permit for Lot 171. <br /> b. That the court issue a preliminary injunction against the Building <br /> Commissioner retraining him from issuing a building permit for Lot 171. <br /> C. That the court issue a permanent injunction against the Building <br /> Commissioner retraining him from issuing a building permit for Lot 171. <br /> 7 <br />