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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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