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2. That the unlawful removal of the boat dock by Defendant, <br />together with the unreasonable manner in which Defendant has <br />restricted Plaintiffs' use of their land amount to an unconstitu­ <br />tional taking of Plaintiffs' property without compensation in <br />violation of the Constitution of the State of Minnesota and the <br />Constitution of the United States. <br />COUNT TERES <br />Arbitrary and Capricious Conduct <br />1. That Plaintiffs repeat the allegations contained in <br />paragraphs I through XVIII above. <br />2. That the aforementioned conduct by Defendant amounts to <br />arbitrary and capricious conduct towards Plaintiffs and is there­ <br />fore unlawful and unenforceable. <br />COUNT FOUR <br />Vague and Ambiguous Regulations <br />1. That Plaintiffs repeat the allegations contained in <br />paragraphs I through XVIII above. <br />2. That Defendant's Ordinances relating to the permissible <br />use and construction of boat docks are vague and ambiguous and <br />therefore unenforceable against Plaintiffs. <br />COUNT FIVE <br />Denial of Equal Protection <br />1. That Plaintiffs repeat the allegations contained in <br />paragraphs I tnrough XVIl^ above. <br />2. That the actions by Defendant toward Plaintiffs have <br />been done under the color and authority of the Government in <br />violation of §1983, Title 28, of the United States Code for <br />-7-