Bennington Realty, LLC v. Jard Co., Inc.

Defendant Town of Bennington appeals from a summary judgment entered in its favor by the superior court on plaintiff’s foreclosure action. According to defendant, the trial court erred by denying its request for attorney fees. We affirm.

The relevant facts are not in dispute. Plaintiff, through counsel, initiated foreclosure proceedings in connection with two parcels of land in Bennington. The Town was one of five named defendants, all of whom were alleged to have some interest in the realty. The complaint recited that the Town was joined by virtue of a tax lien it had recorded on the…