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COCCHIARELLA v. DRIGGS

No. A14-1876.

884 N.W.2d 621 (2016)

Mary COCCHIARELLA, Appellant, v. Donald DRIGGS, Respondent.

Supreme Court of Minnesota.

August 31, 2016.

Attorney(s) appearing for the Case

Gary Van Winkle, Andrew P. Schaffer, Galen Robinson, Mid-Minnesota Legal Aid, Minneapolis, MN, for appellant.

Donald Driggs, Spring Park, MN, pro se.

Samuel Spaid, HOME Line, Minneapolis, MN; and Darryn C. Beckstrom, Benjamin L. Ellison, Lawrence R. McDonough, Dorsey & Whitney LLP, Minneapolis, MN, for amicus curiae HOME Line.

Robin Ann Williams, Mark R. Bradford, Bassford Remele, P.A., Minneapolis, MN, for amicus curiae Minnesota Multi Housing Association.

OPINION

The question presented in this appeal is whether a person must physically occupy a dwelling in a residential building to qualify as a "residential tenant" under Minnesota's unlawful exclusion or removal statute, Minn.Stat. § 504B.375 (2014). Appellant Mary Cocchiarella brought an unlawful exclusion petition...

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