Town of Carroll v. Rines

Respondent William Rines appealed a superior court order that enjoined him from excavating on his property until he obtained a local use variance from Petitioner Town of Carroll. Ultimately, the trial court concluded that respondent’s excavation was exempt from the permitting requirements, the Town’s zoning ordinance required the variance before respondent began excavating, and that state law did not preempt the local zoning ordinance. Upon review, the Supreme Court affirmed the trial court’s injunction, but remanded the case with respect to the calculation of attorney’s fees.

Town of Carroll v. Rines