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Plaintiffs were told that they would not be granted a shared use <br />with Mr. Tillotson but advised Plaintiff to nevertheless proceed <br />with a lot realignment so that the resultant parcel would permit <br />Tillotson ownership of the property upon which the non-conforming <br />dock existed. <br />XIV. <br />That the lots that are found in RLS 1216 were lawfully <br />created and recorded and retain non-conforming or grandfathered <br />rights relating to their use. <br />XV. <br />That during and following the original application process <br />by Plaintiffs, Defendant determined that the original dock (used <br />by Tillotson) should be removed and so ordered removal by <br />Tillotson, this, even though Defenoant recognized and was aware <br />that said dock was lawful and non-conforming and that the dock <br />was located on the property owned by Plaintiffs and not by <br />Tillotson. <br />XVI. <br />That Defendant ordered Tillotson to trespass upon the <br />property of Plaintif s and remove the pre-existing dock; that <br />Tillotson was threatened with criminal prosecution for failure to <br />remove this dock even though Tillotson had been advised by <br />Plaintiffs not to remove said dock; that fearful of criminal <br />reprisal, Tillotson entered upon the property owned by Plaintiffs <br />and removed the pre-existing, non-conforming dock from <br />Plaintiffs' premises; that this was done sometime in November of <br />1989. <br />-5-