Town of Carroll v. RinesAnnotate this Case
Respondent William Rines appealed a superior court order that enjoined him from excavating on certain real property until he obtained a local use variance from Petitioner Town of Carroll (Town), and that imposed civil penalties and attorney’s fees. On appeal, the respondent did not challenge the trial court’s determination that both types of excavation are exempt from the permitting requirements of RSA chapter 155-E. He argued, however, that the trial court erred when it determined that RSA chapter 155-E did not preempt the zoning ordinance provisions applicable to both types of excavation. Upon review, the Supreme Court held that the trial court erred in finding that the requirements of Section VI of the Town’s zoning ordinance were not preempted by RSA chapter 155-E. Given its conclusion, the Court did not reach the other issues raised in the respondent’s appeal. The case was remanded for further proceedings.