Layes v. RHP Properties, Inc. (2019)

Citation: Layes v. RHP Properties, Inc. (2019)
Parent Document: Layes v. RHP Properties, Inc. (2019)
Jurisdiction: Massachusetts (state)
Effective Date: 2019-08-28
Original Source: https://www.courtlistener.com/opinion/4657186/layes-v-rhp-properties-inc/ ↗

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14The Chelmsford Commons policy is consistent with RHP
Properties' nationwide policy to hold park residents responsible
for all aspects of their oil tanks, including maintenance,
repair, replacement, and remediation work in the event of spills
-- irrespective of the residents' negligence or misconduct.
Joseph Carbone, an RHP Properties vice president, likened the
fuel tanks to privately-owned automobiles. According to
Carbone, if a privately-owned automobile leaks oil all over the
home site, the resident should be responsible for the clean-up
costs. RHP Properties applies the same reasoning to home
heating fuel tanks.
                                                                      6 The defendants admit that at no time have they maintained,

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