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�"��"�� <br /> . ; <br /> 1 clause of the 14th Amendment to the Constitution of the United <br /> 2 States and Article I, Section 12, of the Constitution of the <br /> 3 State of Washington. <br /> 4 5. The Soard' s decision exceeded its jurisdiction and <br /> 5 limitation on powers. <br /> 6 Section 19.70. 050 of the Everett City Code provides that: <br /> 7 • . [T]he Soard may not, by any act or <br /> interpretation: . B. Change the <br /> 8 zoning rules regulating the use of land; . . . . <br /> 9 The decision of �Pie Board clearly alters the zoning rules regulat- <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 /> 12 jurisdiction, because the Board acknowledges that other residential <br /> 13 property users are not in violation when the Code is applied. <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 Doard's decision was arbit-ary and capricious. <br /> 17 While the Board acknowledged that other <br /> persons operating <br /> �8 under similar circumstances to those of the plaintif.fs did not <br /> 19 violate the Zoning Code, nevertheless, one Board member indicated <br /> 20 that the plainti£fs ' use of their residence violated the provi- <br /> 21 sions of the Zoning Code because they received telephone calls at � <br /> 22 their residence, indirectly through an answerir.g service. In i <br /> 23 addition, another Board nember indicated that the plaintiffs I <br /> �� violated the provisions of the Zoning Code because of the nature I <br /> 25 of the commercial vehicles which they parked in the vicinity of <br /> 26 their residence, to-wit : automobile tow trucY.s, which said Board I <br /> 27 member I <br /> personally found distasteful and obnoxious in a residential <br /> 28 neighborhood, �ohile acknowledging that plaintiffs had a right to I <br /> 29 lawfully park their commercial vehicles on a ;, <br /> public r_ ght-of-way <br /> 30 unless othe.rwise specificall <br /> y prohibited. <br /> 31 In addition, the Doard specifically £ound ihat a person <br /> �2 may drive a commercial vehicle between a residence and place of <br /> NOTICE OP APP$jw _( ► uw omrn o� <br /> ANDER60N,IIUNT[R.D[WELI.OAK[R S COLLW y r.q, <br /> . aoi �i��r eunoHe�neNK nmioiwa <br /> GDP;St EVEpGTT, WASHINGTON oo20i <br />� • T[LcrHOM[ (Ioe1 2s3.��et <br /> / ` I <br />