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unsupported by the facts and in direct <br /> contravention of certain public safety <br /> information provided to the Board. <br /> WHEREFORE, the Plaintiff requests this Honorable Court: <br /> A. Order entry of judgment that the decision of <br /> the Board of Appeals is in excess of its <br /> authority, arbitrary and capricious , and is <br /> therefore annulled; <br /> B. Order that the Special Permit granting <br /> authority grant the Special Permit as <br /> requested, striking therefrom a number of <br /> conditions which are unreasonable, arbitrary <br /> and which go beyond the scope of the Board's <br /> authority; <br /> C. Award the Plaintiff its costs and expenses, <br /> including reasonable counsel fees in <br /> prosecuting the action. <br /> D. Order such other and further relief as it <br /> deems appropriate under the circumstances . <br /> DATED this 10th day of April, 1992 . <br /> Plaintiff, <br /> By his attorney, <br /> i <br /> Kevir{ M. Kirrane <br /> DUNNING, FORMAN, KIRRANE & TERRY <br /> P .O. Box 560 <br /> Mashpee, MA 02649 <br /> (508) 477-6500 <br /> 6 <br />