Mary Cocchiarella v. Donald Driggs, 884 N.W.2d 621 (2016)

Citation: Mary Cocchiarella v. Donald Driggs, 884 N.W.2d 621 (2016)
Parent Document: Mary Cocchiarella v. Donald Driggs, 884 N.W.2d 621 (2016)
Jurisdiction: Minnesota (state)
Effective Date: 2016-08-31
Original Source: https://www.courtlistener.com/opinion/4252990/mary-cocchiarella-v-donald-driggs/ ↗

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Here, there is no indication that the word “occupying” is used in a technical sense or has acquired a special meaning according to the language and context of section 504B.001, subdivision 12. “Occupying” is hardly a technical or legalistic *631word. And the context in which this word appears shows that a common and ordinary meaning is intended — i.e., actual, physical possession of a residential dwelling. The subsequent phrase in this provision, “under a lease or contract,” Minn. Stat. § 504B.001, subd. 12, accounts for the technical, legal aspect of the residential tenancy: obtaining legal rights to the dwelling by a lease agreement. It is unreasonable to assume that, the Legislature intended the word “occupying” to have the same technical meaning. In sum, nowhere does the statutory language demonstrate that the Legislature intended a specialized, technical meaning of the word “occupying” that encompasses a tenant’s mere “present legal right” to possess a dwelling, rather than its ordinary meaning, which requires actual possession of the dwelling.

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