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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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Nothing in the regulations implementing G. L. c. 90B, § 26 (e), alters our conclusion that the O'Briens may drive ATVs on the easement. [Note 12] Mazzola points to a regulation that prohibits anyone from operating "a snow vehicle or recreation vehicle within 150 feet of an occupied residence without the permission of the owner, his or her agent or lessee of such residence, except in cases of emergency, when directly departing or returning to such residence or when operating on the property of another for which permission has been granted." 323 Code Mass. Regs. § 3.03(3). We do not construe this regulation, however, as applying to property owners or easement holders who are operating snow or recreation vehicles on their own properties or easements. Otherwise, the regulation would illogically permit someone to operate a snow or recreation vehicle within 150 feet of an occupied residence when operating on the property of another for which permission has been granted, but prohibit someone from doing the same on his or her own property or easement. See Commonwealth v. Aldana, 477 Mass. 790, 801 n.22 (2017) (traditional rules of statutory construction apply to interpretation of regulation). See also Sullivan v. Brookline, 435 Mass. 353, 360 (2001) (fundamental tenet of statutory interpretation is to avoid illogical results).