Asselin v. Town of Conway

The plaintiffs, Michael Asselin, doing business as Mario’s Restaurant, and Lessard Sign Division of Bario Sign Group, appeal from a judgment in Superior Court (O’Neil, J.) upholding the Conway Zoning Board of Adjustment’s (ZBA) denial of the plaintiffs’ application to use the readerboard portion of their sign. The ZBA’s decision to deny the plaintiffs’ application was based upon a Conway zoning ordinance which limited the use of readerboard signs to certain businesses. The plaintiffs argue that the ordinance is unconstitutional because: (1) it is an impermissible exercise of the police powers…