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Appeals Court Hears Contempt Appeal Over Excavation Spoils Pile
Summary
An Appeals Court panel heard argument on Jan. 13 over whether a mound of excavated earth on an adjoining parcel violated a 2006 Supreme Judicial Court injunction and whether attorney fees awarded for civil contempt should stand.
An Appeals Court panel consisting of Judge John Englander, Judge Hodges and Judge Smith heard oral argument on Jan. 13 in Radigan v. Weil over whether a mound of excavated earth near the Edgewater House Trust property violated a permanent injunction and supported an award of attorney's fees.
The case centers on a 2006 Supreme Judicial Court decision that modified an earlier injunction and included language barring “unattended any objects more than 6 feet in height within 40 feet of the plaintiff's boundary line.” Appellant counsel Sander Ricklein argued that the injunction’s opening clause — that the defendant is “permanently enjoined from unreasonably interfering with the use and enjoyment of the plaintiff’s property” — controls, and that the…
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