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25. On or about November 13, 2002 the Zoning Board voted to grant the requested A <br /> variance. B <br /> 26. On November 20, 2002, the Zoning Board's decision granting the requested relief C <br /> was filed with the Town Clerk. A certified copy of the Board's decision is attached hereto as <br /> D <br /> Exhibit B. <br /> 27. To the extent that the final action taken by the Zoning Board on November 20, <br /> 2002 to grant zoning relief to the Jane Curtis, as Trustee of the Meetinghouse Realty Trust, was <br /> intended to grant a variance, said decision was arbitrary and capricious and exceeded the <br /> authority of the Zoning Board. <br /> 1 <br /> WHEREFORE,plaintiffs request that this Honorable Court: <br /> i. Annul the November 20, 2002 final action of defendant Mashpee Board of <br /> Appeals granting a variance to defendant Jane Curtis, Trustee of the Meetinghouse Realty <br /> Trust. <br /> ii. Grant such other relief as this Court deems equitable and proper. <br /> COUNT III— 17 LETTIE LANE <br /> PARTIES <br /> 28. Plaintiffs are the Town of Mashpee Board of Selectmen, a municipal board duly <br /> elected according to state and local laws and the Town of Mashpee Planning Board, a duly <br /> appointed municipal board. The Board of Selectmen and the Planning Board have a usual place <br /> i <br /> of business at 16 Great Neck Road North, Mashpee, MA 02649. Plaintiffs are aggrieved by the <br /> November 20, 2002 decision of the Zoning Board granting zoning relief for the property located <br /> at 17 Lettie Land. <br /> 29. Defendant Nancy Kerrigan is the Trustee of the N.A.K. Realty Trust with a <br /> business address in care of Smith and Connolly,P.O. Box U, Falmouth,MA 02541. The trust <br /> 7 <br />