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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

section 504B

Citation
section 504B
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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        I agree with amicus curiae Minnesota Multi House Association that continuous
physical presence in the dwelling is not necessary—even physical access or control, such
as being provided with a key, or being allowed to enter the dwelling to deposit belongings,
is sufficient to satisfy the plain meaning of “occupying.” But that did not occur here.
Cocchiarella was never given a key, never entered the dwelling, and never deposited
belongings; her only connection to the dwelling was the oral lease agreement, which did
not include an effective date.