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PATRIOT RESORTS CORPORATION v. REGISTER OF DEEDS FOR THE COUNTY OF BERKSHIRE, NORTHERN DISTRICT

No. 06-P-725.

71 Mass. App. Ct. 114 (2008)

PATRIOT RESORTS CORPORATION v. REGISTER OF DEEDS FOR THE COUNTY OF BERKSHIRE, NORTHERN DISTRICT & others.

Appeals Court of Massachusetts, Berkshire.

January 28, 2008.

Attorney(s) appearing for the Case

Stanley E. Parese for the plaintiff.

James J. Arguin, Assistant Attorney General, for the defendants.

Present: BERRY, GREEN, & VUONO, JJ.

GREEN, J.

At issue is the proper interpretation of G. L. c. 262, § 38, which specifies the fees for recording documents with a registry of deeds.2 The plaintiff, Patriot Resorts Corporation (Patriot), assigned a number of mortgage interests to a single assignee, under a single instrument of assignment. The defendant register of deeds (register) assessed recording fees based on the

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