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The Court Will Likely Rule That The Golf Cart Path Is Not A Public Way

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TRRAC The court will likely rule that the golf cart path is not a public way. Under the Mass. Gen. Law. ch. 90, § 24 (1)(a)(1) a way is deemed “public” if a reasonable person believes that the way is open to the public; thus objective physical characteristics of the way dictate whether a way is “public” rather than the subjective property owner’s intent. Commonwealth v. Virgilio, 947 N.E.2d 1112 (Mass. App. Ct. 2011).; See also Commonwealth v. Stoddard, 905 N.E.2d 114, 116-117 (Mass. App. Ct. 2009).; See also Commonwealth v. Belliveau, 927 N.E.2d 496, 500 (Mass. App. Ct. 2010). The physical characteristics of way can lead a reasonable person to assume that a way is open for public travel by way of motor vehicle such as lighting curbing, hydrants, etc. Stoddard, 905 N.E.2d at 116.; See also Virgilio, 947 N.E.2d at 1115. However, if the physical characteristics demonstrate that the access to the way is restricted to a limited class of individuals then the way is not open to the public. Stoddard, 905 N.E.2d at 117. A way must be accessible by a motor vehicle in order to be considered a public way. Commonwealth v. George, 550 N.E.2. 133, 140 (Mass. 1990). Physical characteristics of a way can lead a reasonable person to conclude that the way is open for public travel but these characteristics are not dispositive. Stoddard, 905 N.E.2d at 116.; See also Vigilio, 947 N.E.2d at 1115. For example, in Belliveau, the court discussed whether a pier was a public way. Belliveau,

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