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November 09. 2012 11:27AM

NHSUPCO reverses lower court in favor of Carroll property owner

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.

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