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MAD MAXINE'S WATERSPORTS, INC. v. HARBORMASTER OF PROVINCETOWN

No. 05-P-1594.

67 Mass. App. Ct. 804 (2006)

MAD MAXINE'S WATERSPORTS, INC., & another v. HARBORMASTER OF PROVINCETOWN & another.

Appeals Court of Massachusetts, Barnstable.

December 13, 2006.

Attorney(s) appearing for the Case

Evan T. Lawson for the plaintiffs.

Michele E. Randazzo for the defendants.

Present: Lenk, Berry, & Katzmann, JJ.

BERRY, J.

In May, 2002, the town of Provincetown approved an amendment to the Provincetown General By-laws (hereinafter, the by-law) that restricts to a 200-foot wide channel in Provincetown Harbor the use of propelled "personal watercraft" — including, as most relevant to this appeal, propelled water "jet skis."3 The by-law also restricts the launching into the harbor of such...

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