12/13/2000 ZONING BOARD OF APPEALS Decisions

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I S 7 20 Elliot Road, Mashpee, There are no similar garages within this area near or about i Defendant Hatcher's property. i Plaintiff would have raised these points if Plaintiff had been afforded the i opportunity to be heard by the Defendant Zoning Board of Appeals. Instead, Plaintiff has been denied his opportunity*to be heard because the said Defendant Board of Appeals did it not provide proper notice to Plaintiff of said hearing as which is specifically set forth in i ' Plaintiff's Complaint and Plaintiff's Affidavit in Support of a Temporary Restraining Order and Preliminary Injunction. I � If this Honorable Court reaffirms its denial of a Temporary Restraining Order and Preliminary Injunction at this time, Defendant Hatcher is allowed to complete the two (2) I� ii story building housing the garage area and additional second floor area, and Defendant Board of Appeals, who did not bother appear at the first hearing on the Temporary Restraining Order and Preliminary Injunction is placed in a superior position, above Plaintiff's position, where said Board of Appeals can make its decision upon the already completed and existing subject building. I This is all very unfair to Plaintiff as no court of law will have made a decision on Plaintiff's argument regarding notice of the Zoning Board of Appeals hearing and the I' Board of Appeals would have made no specific findings on the height of the proposed building, each prior to the completion of Defendant Hatcher's building. Plaintiff honestly believes he should have the opportunity to speak again before i this Honorable Court regarding the current necessity for a Temporary Restraining Order i and Preliminary Injunction and should have the opportunity to speak and present his case !' I � before the Superior Court regarding the lack of notice and later the merits of the case. III