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-3- <br /> 16 . The decisionwas thereafter, on June '27 , 1985 , recorded <br /> with the Town Clerk. <br /> CAUSE OF ACTION <br /> 17 . The Plaintiffs contend that the June 26 , 1985 decision on <br /> appeal number SP-85 -03 -008 (a copy of which decision is attached <br /> hereto and marked .as Exhibit "A") is erroneous , exceeds the authority <br /> of the Board, ,and should be annulled for those reasons set out herein : <br /> (a) The decision is unreasonable , arbitrary, and capricious . <br /> (b) The decision is based upon legally untenable grounds . <br /> (c) The conclusion reached by the Defendants that the <br /> proposed permitted retail use was not in the best <br /> interests of the Tom is arbitrary, particularly in <br /> light of the fact that approximately eight months <br /> earlier this same three-member panel voted to grant <br /> a special permit for this identical use , and <br /> obviously found this proposed use to be in tune with <br /> the best interests of the Town of Mashpee . <br /> (d) The conclusion reached by the Board in voting to deny <br /> the permit is unsupported by the facts , and is not . . <br /> based upon those factors which must be considered by <br /> the Board when addressing the grant or denial of a <br /> special permit . <br /> (e) The conclusion reached by the Board in voting ; to <br /> deny the permit is arbitrary, not supported by the <br /> facts or applicable law, and not consistent with <br /> previous decisions of the Board . <br /> WHEREFORE, the Plaintiffs request : <br /> 1 . That this Honorable Court order the entry of a ,judgment <br /> that the decision of the Board of Appeals was in excess of; its <br /> authority, and is therefore annulled . <br /> 2 . That this Honorable Court rule that the Plaintiffs are <br /> entitled to a special permit to operate a retail business for the <br /> sale and rental of televisions , radios , video and/or audio <br /> equipment and tapes and other storage media equipment for use by <br /> the consumer at the proposed location as shown on the plan submitted <br /> with the application . <br /> 3 . That this Honorable Court order the case remanded to the <br /> Board of Appeals , with an order that the Board of Appeals take <br /> appropriate action in accordance with the annullment of this decision <br /> by the Court . <br />