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arbitrary. Compliance with other conditions of <br /> the Decision will require substantial investment <br /> by Plaintiff, which cannot be recovered over a <br /> two-year period., and will render the use of the <br /> Property for a flea market financially unfeasible. <br /> Furthermore, Condition Number 15 of the Decision <br /> gives the Board continuing authority to rescind <br /> the Decision in the event of any non-compliance <br /> therewith. <br /> COUNT II <br /> 12 . Plaintiff realleges and incorporates herein by <br /> reference the allegations set forth in Paragraph 1-11 of <br /> this Complaint. <br /> 13 . The Decision, insofar as it imposes the conditions <br /> described in Paragraph 11 (a-f) of this Complaint, is un- <br /> reasonable, confiscatory, deprives Plaintiff of his ability <br /> to operate his flea market business on the Property on a <br /> competitive basis, and constitutes a .taking without just <br /> compensation in violation of the Constitutions of the <br /> Commonwealth of Massachusetts and the United States. <br /> COUNT III <br /> 14 . Plaintiff realleges and incorporates herein by <br /> reference the allegations set forth in Paragraph 1-7 of <br /> this Complaint. <br /> 15. Pursuant to M.G.L. c. 4CA, 5 6 , Plaintiff ' s use <br /> of the Property as a flea market is a lawfully pre-existing <br /> use which is not subject to the Provision, and therefore <br /> requires no special permit. <br />