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 ch. 155-E (2002 & Supp. 2012) (Local Regulation Excavations). We reverse and remand.