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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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Whether G. L. c. 90B, § 26 (e), prohibits people from operating ATVs over the right of way is a question of statutory interpretation that we review de novo. See Dolan v. Dolan, 99 Mass. App. Ct. 284, 288 (2021). Under well-established principles of statutory construction, we interpret the statute "according to the intent of the Legislature ascertained from all its words construed by the ordinary and approved usage of the language, considered in connection with the cause of its enactment, the mischief or imperfection to be remedied and the main object to be accomplished, to the end that the purpose of its framers may be effectuated" (citation omitted). Chin v. Merriot, 470 Mass. 527, 532 (2015). We begin with the statutory language, looking not just at the provision at issue but at the statute as a whole, and we also consider the legislative history where it is informative. See Wallace W. v. Commonwealth, 482 Mass. 789, 793 (2019); Chin, supra.