VENTRESCA v. TOWN MANAGER OF BILLERICA

No. 05-P-1470.

68 Mass. App. Ct. 62 (2007)

ANTHONY M. VENTRESCA v. TOWN MANAGER OF BILLERICA & another.

Appeals Court of Massachusetts, Middlesex.

January 12, 2007.


Attorney(s) appearing for the Case

Gary S. Brackett (Heather C. White with him) for the defendants.

J. Edward Surette, III (James M. Curley with him) for the plaintiff.

Present: Kantrowitz, McHugh, & Green, JJ.


KANTROWITZ, J.

We are faced here with the issue whether a judge, in a contempt proceeding, may award partial attorney's fees to the nonprevailing party. Under the facts and circumstances of this case, it was impermissible to do so, and we reverse that portion of the amended judgment.

The underlying action concerns an unfortunate and high level of hostility between the plaintiff, Anthony M. Ventresca, and the town of Billerica (town), more particularly its...

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