ROGERS v. PROVINCETOWN


384 Mass. 179 (1981)

424 N.E.2d 239

CHARLES N. ROGERS vs. TOWN OF PROVINCETOWN.

Supreme Judicial Court of Massachusetts, Barnstable.

July 28, 1981.


Attorney(s) appearing for the Case

Duane P. Landreth for the defendant.

Paul V. Benatti (Edward E. Veara with him) for the plaintiff.

Present: HENNESSEY, C.J., BRAUCHER, LIACOS, ABRAMS, & NOLAN, JJ.


HENNESSEY, C.J.

This case presents the question whether a by-law of the town of Provincetown, regulating the rental of mopeds,1 conflicts with G.L.c. 90, § 1B, inserted by St. 1976, c. 261, § 4, which states, in pertinent part, that "[e]very person operating a motorized bicycle upon a way shall have the right to use any public ways in the commonwealth...." The judge below held that the by-law did

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