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Count I <br /> G.L.c. 40A, § 17 Appeal of Planning Board Decision <br /> 56. Plaintiff`repeats and realleges the averments in the preceding paragraphs of this <br /> Complaint after Remand, as if fully restated herein, <br /> 57. The Remand Decision is unreasonable,whimsical, capricious,or arbitrary, <br /> particularly given the building permit issued to the Marsters under the same Special Permit. <br /> 58. Among other reasons,the Remand Decision ignores the Board's prior decisions <br /> and interpretations regarding the Special Permit, and upon which the Trust has relied to its <br /> detriment. <br /> 59. The Remand Decision exceeds the authority of the Board and should be annulled. <br /> 60. It is clear from the record that the same outcome would result from a second <br /> remand such that this Court should order the Board to overturn the Building Commissioner's <br /> determination. <br /> PRAYER FOR RELIEF <br /> WHEREFORE,the plaintiff,Anthony J. LaCava, Jr. Trustee of the AX LaCava Realty <br /> Trust II respectfully requests that this Court: <br /> a. Vacate and annul the Remand Decision of the Board as legally untenable,unreasonable, <br /> whimsical,arbitrary, capricious, and exceeding the Board's authority; <br /> b. Find that the Special Permit has not lapsed; <br /> c. Grant the Trust such other relief as the Court deems just and proper. <br /> 13 <br />