Town of Carroll v. Rines

The respondent, William Riñes, appeals an order of the Superior Court (Vaughan, J.) that enjoined him from excavating on certain real property until he obtained a local use variance from the petitioner, Town of Carroll (Town), and that imposed civil penalties and attorney’s fees. See RSA 676:17 (2008 & Supp. 2012). We affirm in part, vacate in part, and remand.

The parties stipulated to, or the record supports, the following facts. The respondent owns two lots and controls two additional lots for excavation purposes in Carroll’s Residential Business District (R-B district). In October 2009,…