BUDDY'S INC. v. TOWN OF SAUGUS

No. 03-P-938.

62 Mass. App. Ct. 256 (2004)

BUDDY'S INC. v. TOWN OF SAUGUS.

Appeals Court of Massachusetts, Essex.

October 14, 2004.


Attorney(s) appearing for the Case

Thomas J. Fay for the plaintiff.

Michelle N. O'Brien for the defendant.

Present: LAURENCE, DOERFER, & COHEN, JJ.


COHEN, J.

The central question presented by this appeal is the proper construction of G. L. c. 21E, § 4A(d), authorizing the award of litigation costs and reasonable attorney's fees to claimants who successfully prosecute private actions to recover costs of responding to the release of hazardous materials. We conclude, consistent with the plain language of the last sentence of § 4A(d), that the Legislature intended to treat plaintiffs and third...

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