Town of Milford v. Johnson

The only issue to be decided in this appeal is whether the Trial Court’s (DiClerico, J.) order requiring the defendant, Avery Johnson, to pay attorney’s fees incurred by the plaintiff, Town of Milford, which prevailed against him in an action for injunctive relief, was proper under Harkeem v. Adams, 117 N.H. 687, 377 A.2d 617 (1977).

The defendant owns forty-seven acres of land in Milford, New Hampshire. Sometime before August 1980, he began construction of a “solar home/solar laboratory” in the center of his tract. On several occasions since that time, town officials have ordered the…