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July 3, 2008 Page 2 the request for trees and (b) proved that the hedge that had been planted satisfactorily screened the house and complied with the terms of the Agreement. Grounds for Appeal The action of ARCOM was inconsistent with and not in conformity with the provisions of the Code and the Agreement which ARCOM and the Code Enforcement Board seek to enforce. The grounds for appeal include the following: 1. ARCOM erroneously interpreted the Agreement to require not only a hedge as specified by the Agreement, but to also require the planting of 20 trees behind the hedge. The Agreement does not require any planting of trees. 2. ARCOM denied the request by Trump to reconsider its position that trees must be planted. 3. ARCOM directed that the portion of the existing hedge which was undamaged, located north of the driveway into the property, be partially or fully destroyed and replaced with silver buttonwood hedge material for purposes of "symmetry". Such a requirement is not in conformity with the Agreement. 4. ARCOM abused its discretion in denying Appellant’s request since it is unreasonable to require new and additional planting outside of the clearly limited requirements of the Agreement. 5. Any action by the Code Enforcement Board or ARCOM with regard to the Agreement is improper and inconsistent with the Town Code since the Code Enforcement Board can only enforce Code provisions and not contractual agreements, notwithstanding any language to the contrary in the Agreement. Trump requests that this appeal be heard by the Town Council at the meeting on August 11, 2008. TRUMP PR RTIES LI ernard Diamond, Vice President # 5434496 v1 HOUSE_OVERSIGHT_016598