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<br />imposed by C.R.S. § 24-4-105(8) (2001] and introducing its own evidence <br />rather evaluating the evidence the parties presented to tit. By presenting its <br />own evidence to conform the record to its pre-determined decision to grant the <br />application, instead of evaluating evidence presented by the parties, the board <br />acted arbitrarily, capriciously, denied the objecting parties their statutory <br />rights, acted contrary to the constitutional rights of the objecting parties, acted <br />in excess of its statutory jurisdiction, authority, purposes, and limitations, <br />acted with abuse and clearly unwarranted exercise of discretion, and acted in a <br />manner that was unsupported by the admissible evidence on the record when <br />considered as a whole. <br />3. The board's findings under finding # 9 aze not supported by the evidence <br />on the record as a whole. Therefore, the board acted arbitrarily, <br />capriciously, denied the objecting parties their statutory rights, acted <br />contrary to the constitutional rights of the objecting parties, acted in <br />excess of its statutory jurisdiction, authority, purposes, and limitations, <br />acted with abuse and cleazly unwarranted exercise of discretion, and <br />acted in a manner that was unsupported by the admissible evidence on <br />the record when considered as a whole. <br />4. With regard to the boazd's finding (conclusion of law) #10, the boazd's <br />citation of case law and statutes is abstracted from context and <br />contravenes the empowering statute. The board argues that the <br />declaration of legislative intent does not impose police powers upon <br />them, therefore, they have no grant of police power. It's citation to case <br />law is inapposite. The board has ignored C.R.S. § 34-32.5-104 (2001] <br />which empowers the board to enforce the legislative declaration and <br />intent articulated in C.R.S. § 34-32.5-102 (2001] with the following <br />language: <br />34-32.5-104. Administration. In addition to the <br />duties and powers prescribed by the provisions of <br />article 4 of title 24, C.R.S., the office and the board <br />have the full power and authority to carry out and <br />administer the provisions of this article. <br />Therefore, the board acted arbitrarily, capriciously, denied the objecting parties <br />their statutory rights, acted contrary to the constitutional rights of the <br />objecting parties, acted in excess of its statutory jurisdiction, authority, <br />purposes, and limitations, acted with abuse and clearly unwarranted exercise <br />of discretion, and acted in a manner that was unsupported by the admissible <br />evidence on the record when considered as a whole. <br />4 <br />