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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

PHILIP J. MAZZOLA, trustee v. JOHN F. O'BRIEN & another., 178 N.E.3d 870 (2021)

Citation
PHILIP J. MAZZOLA, trustee v. JOHN F. O'BRIEN & another., 178 N.E.3d 870 (2021)
Parent Document
PHILIP J. MAZZOLA, trustee v. JOHN F. O'BRIEN & another., 178 N.E.3d 870 (2021)
Jurisdiction
Massachusetts (state)
Effective Date
2021-10-15

Other Sections in This Document (45)

Full Text

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GRANT, J. The issue presented is whether defendants John F. and Bonita J. O'Brien (collectively, O'Briens) may drive all-terrain vehicles (ATVs) on an easement appurtenant to their property for the limited purpose of accessing a beach in Gloucester. The easement burdens the property of plaintiff Philip J. Mazzola, as trustee of the Seventeen Wingaersheek Realty Trust, who argues that the scope of the easement is limited to pedestrian traffic and that G. L. c. 90B, § 26 (e), prohibits the O'Briens from driving ATVs on the easement. Following a jury-waived trial on Mazzola's claims that the O'Briens were overburdening the easement and creating a nuisance, a judge of the Superior Court found in favor of the O'Briens. Mazzola appeals, and we affirm.