WRENTHAM - The ongoing battle between two selectmen has reached a new level, with one member suing another.

Selectman John Zizza his filed a lawsuit against Selectman Bob Cohen in Norfolk Superior Court in Dedham claiming defamation of character.

The suit follows a complaint filed by Zizza and a counterclaim filed by Cohen with the police department in June, both of which were dismissed by a clerk magistrate in Wrentham District Court in August.

The suit and complaints all stem from a heated argument the two board members had in a restroom at town hall in June after they stepped out of a selectmen's meeting.

Earlier during the meeting, Cohen had complained to fellow board members that Zizza had looked into his election nomination forms, implying they might have included forged signatures. Zizza told police that in the restroom Cohen verbally threatened him and nearly came in physical contact with him when Cohen abruptly stepped toward him, according to the police report. Zizza told police, according to the report, that "he felt he was in fear of Cohen attempting to harm him during the entire conversation."

Cohen told police it was Zizza who threatened him, and he was "defending himself." Cohen also told police Zizza "was generally hostile and intimidating," and that Zizza's "actions placed him in fear that Mr. Zizza may escalate the situation."

Clerk Magistrate Edward Doherty had invited the two selectmen to resolve their differences, but Zizza declined.

After the complaints were dismissed by the court and no charges issued, Zizza contended Cohen slandered him and filed a false complaint with police, and said he planned to get his side of the story aired on local cable TV, but that has not happened, and Zizza decided to take the legal route further. Cohen has denied the charges.

Cohen had planned to request the town's help in defending the suit, and the issue had been placed on a selectmen's agenda, but it has not been acted on.

"He never followed through on it," Zizza said.

Town Counsel George Hall said that neither he nor the town are involved in the civil suit.

"There was some question whether I or the town had any responsibility or role as far as representing either one of these parties," Hall said. "The result is it really is a private matter. The town is not a party. Mr. Zizza in his personal capacity is suing Mr. Cohen in his personal capacity."

A brief letter to the editor from Cohen published in Wednesday's Sun Chronicle centers on the brouhaha.

"In statements by me that were published in The Sun Chronicle, I described similarities between a heated verbal exchange that took place in the Wrentham Town Hall bathroom on June 3, 2008, which led to fellow Selectman John Zizza and me filing assault charges against one another, and a conversation between Mr. Zizza and me that occurred on May 16th, 2007 after a planning board meeting. "I never intended to allege Mr. Zizza assaulted me on May 16th. I sincerely regret any misunderstandings caused by my words. Therefore, I retract those statements to the extent that readers inferred Mr. Zizza assaulted me on May 16th 2007," Cohen wrote.

Asked if the letter was part of an effort to settle the suit, Cohen said he has been instructed by his attorney not to comment on the pending litigation. Zizza has also been tight-lipped about the suit except to acknowledge it has been filed.

STEPHEN PETERSON can be reached at 508-236-0377 or at speterson@thesunchronicle.com.