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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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Discussion. Mazzola argued below that the O'Briens were overburdening the easement and creating a nuisance because (1) the O'Briens were not permitted to drive ATVs on the easement, and (2) alternatively, the O'Briens' ATV use had increased to such an extent that it was interfering with Mazzola's quiet enjoyment of title, damaging the sand dunes, and causing dangerous conditions on the easement. On appeal, however, Mazzola argues only that the O'Briens are not permitted to drive ATVs on the easement, either because (1) the scope of the easement is limited to pedestrian traffic, or (2) G. L. c. 90B, § 26 (e), and the regulations implementing that statute prohibit the O'Briens from driving ATVs on the easement. We address each argument in turn.