Filed Complaint with Exhibit

19 space; and D. Awarding such other and further relief as this Honorable Court may deem equitable and just, including attorney’s fees and costs of suit. COUNT II The Resolution Adopted by the Board was Arbitrary, Capricious, and Unreasonable. 97. Plaintiff incorporates all of the foregoing paragraphs by reference as if same were fully set forth at length herein. 98. The Resolution adopted by the Board failed to accurately depict the Hearing before the Board and the evidence and testimony presented by Plaintiff as set forth in the record. 99. The Resolution further failed to set forth any substantive analysis of the statutory criteria in relation to the specific relief sought by Plaintiff in connection with the Application. 100. The Resolution provided no factual findings or legal conclusions in support of the Board’s outright disregard for the specific relief sought by Plaintiff in connection with the Application. 101. The individual actions, as well as the totality of the actions, of the Board in adopting the Resolution failed to account for the weight of the evidence and proofs established by Plaintiff and Plaintiff’s professionals and constituted an arbitrary, capricious, and unreasonable exercise of official authority by the Board. 102. The Board failed in its exercise of authority pursuant to statutory and governing law to consider the weight of the evidence before it, without any proper basis, and failed to make a determination based upon applicable statutory criteria. 103. The Board arbitrarily and unreasonably ignored the planning testimony of Plaintiff’s expert in favor of inferior evidence and gave unconscionable weight to public comment from non-experts.ESX-L-001637-25 02/28/2025 2:34:16 PM Pg 19 of 32 Trans ID: LCV2025492774