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TOWN OF CARROLL v. RINES

No. 2011-776.

62 A.3d 733 (2013)

TOWN OF CARROLL v. William RINES.

Supreme Court of New Hampshire.

Opinion Issued: January 30, 2013.

Resubmitted: December 7, 2012.

Attorney(s) appearing for the Case

Gardner Fulton and Waugh P.L.L.C., of Lebanon (H. Bernard Waugh, Jr. on the brief and orally), for the petitioner.

D'Amante Couser Pellerin & Associates, P.A., of Concord (Bruce J. Marshall on the brief and orally), for the respondent.

CONBOY, J.

The respondent, William Rines, 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...

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