MAZZOLA v. O'BRIEN

No. 20-P-899.

100 Mass. App. Ct. 424 (2021)

PHILIP J. MAZZOLA, trustee, v. JOHN F. O'BRIEN & another.

Appeals Court of Massachusetts, Essex.

October 15, 2021.


Attorney(s) appearing for the Case

William H. Sheehan, III, for the plaintiff.

Meredith A. Fine for the defendants.

Present: Milkey, Hand, & Grant, JJ.


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...

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