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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

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

Other Sections in This Document (444)

Full Text

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For the above reasons, the only reasonable plain meaning of “occupying;” as used in section 504B.001, subdivision 12, requires a “residential tenant” to have actual, physical possession of a residential dwelling under a lease or contract. Therefore, the lockout statute is inapplicable to Cocchiarella, who . was never “occupying” the residential dwelling that was subject to an alleged oral lease agreement. For these reasons, I respectfully dissent. GILDEA,. Chief Justice
(dissenting). I join in the dissent of Justice Anderson.