Home PHILIP POST and LINDA POST, and DANIEL and PRISCILLA PAYNE v. THOMAS McHUGH and MARY PREYTIS. RICHARD T. ANGELO and VIRGINIA A. ANGELO, Intervener Defendants.

MISC 236372

July 25, 2008

ESSEX, ss.

Trombly, J.

JUDGMENT ON COMPLAINT FOR CONTEMPT

Intervener Defendants Richard T. Angelo and Virginia A. Angelo filed a complaint for contempt in this action on June 30, 2008 contending that certain acts by plaintiffs Philip Post and Linda Post were in violation of the terms of a Judgment entered in this case on April 7, 2008 and constituted civil contempt of court. Following a hearing on July 9, 2008, a Decision has been entered this day finding and ruling that the acts complained of, while coming perilously close, did not constitute civil contempt. In accordance with that Decision, it is

ORDERED and ADJUDGED that plaintiffs were not in contempt of court in placing a boulder on or near the sideline of Iveson Street; and it is further

ORDERED and ADJUDGED that the boulder recently placed by the Posts may remain in its present location while the appeal of this action proceeds but that no additional rocks or stones are to be placed in that area by plaintiffs or anyone acting in their behalf; and it is further

ORDERED and ADJUDGED that the complaint for contempt be and is hereby dismissed.

By the Court. (Trombly, J.)