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40. To the extent that the final action taken by the Zoning Board on November 20, A <br /> 2002 to grant zoning relief to Nancy Kerrigan, as Trustee of the N.A.K. Realty Trust,was B B <br /> intended to grant a variance, said decision was arbitrary and capricious and exceeded the C <br /> authority of the Zoning Board. { <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 Nancy Kerrigan, Trustee of the N.A.K. Realty <br /> Trust. 3 <br /> ii. Grant such other relief as this Court deems equitable and proper. I <br /> COUNT IV— 18 LETTIE LANE <br /> PARTIES <br /> 41. 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 /> 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 /> a 18 Lettie Land. <br /> 42. Defendant Frank McDonnell is the Trustee of F.M. Realty Trust with a business <br /> address in care of Smith and Connolly,P.O. Box U,Falmouth, MA 02541. The trust owns <br /> Property in Mashpee with an address of 18 Lettie Lane. Defendant McDonnell is named only in <br /> his capacity as Trustee. <br /> 10 <br />