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� clause of the 19th 1�mendment to the Constitution of the. United <br /> 2 States and Article I, Section 12, of the Constitution of the <br /> 3 State oP Washingtoa. <br /> 4 5. The Soard' s decision exceeded its jurisdiction and � <br /> 5 limitation on owers. � <br /> 6 Section 19.70. 050 of the Everett City Code provides that: I <br /> 7 • . [T]he Soard may not, by any act or - • • ( <br /> interpretation: . . . B. Change the I <br /> 8 zoning rules regulating the use of la::d; . <br /> 9 The decision o£ the Board clearly alters the zoning rules regulat- I <br /> 10 ing the use of land as applied throughout the City of Everett, � <br /> 11 under similar circumstances and, thus, exceeds the Board's <br /> �2 jurisdiction, because the Board acknowledges that other residential <br /> 13 property users are not in violation when the Code is applied. I <br /> 14 The Board cites no rules or regulations which allow them to reach <br /> 15 the result they have arbitrarily chosen in this case. <br /> �6 6. The Board's decision was arbitrar and capricious. <br /> 17 While the �oard acknowledged that other ( <br /> peYsons operating � <br /> 18 under similar circumstances to those of the plaintif.fs did not <br /> 19 violate the Zoning Code, nevertheless, one Soard member indicated � <br /> 20 that the plaintiffs' use of their residence violated ihe provi- � <br /> �1 sions of the Zoning Code because .they received telephone calls at I <br /> 22 their residence, indirectly through an ans�uering service. In <br /> 23 addition, another Board member indicated that the plaintiffs <br /> � �4 violated the <br /> provisions of the 2oning Code because of the natiire <br /> 25 of the commercial vehicles which the <br /> y parked in the vicinity of <br /> 2b their residence, to-wit: automobile tow trucks, which said Board <br /> 27 member personally found distasteful and obnoxious in a residential <br /> 28 neighborhood, while acknowle3ging that plaintiffs had a right to <br /> 29 lawfull <br /> y park their commercial vehicles on a public right-of-way <br /> 30 unless otherwise specificall <br /> y prohibited. <br /> 31 In addition, the Board specifically found that- a person <br /> 32 may drive a commercial vehic�le between a residence and place of <br /> NOTICE OP APPEAI. -G uw orn�n or <br /> ANDEq80N�IIUNT[R,DEWELL,011KCR Li COLLIN9,p,g, <br /> eG1 ��PfT N1ITIONAL OAMN 4UILDIry4 <br /> GDIP:St EVE(IETT, WASXING70N uazo� <br /> . rnrn�o�. �¢oe� m¢.eia� I ; <br /> � <br /> I <br />