Carbonneau v. Town of Rye

The plaintiff appeals from an order of the Town of Rye Zoning Board of Adjustment denying his request for a building permit. The issues raised on appeal are whether the denial was arbitrary and contrary to the weight of the evidence, and whether § 14-C(3) of the Rye Zoning Ordinance is void for vagueness. After the appeal was docketed in this court, the plaintiff filed a motion to continue the appeal and to remand for further proceedings in the trial court on the basis of “newly discovered evidence.” We deny the motion and overrule the plaintiffs exceptions.

The plaintiff purchased a one acre…