Section 504B

Citation: Section 504B
Parent Document: Cent. Hous. Assocs., LP v. Olson, 929 N.W.2d 398 (2019)
Jurisdiction: Minnesota (state)
Effective Date: 2019-06-12
Original Source: https://www.courtlistener.com/opinion/8288834/cent-hous-assocs-lp-v-olson/ ↗

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We turn next to the question whether Olson may assert a common-law retaliation defense to a residential breach-of-lease eviction action. Under the principle of judicial restraint, we are generally reluctant to recognize a new common-law right or remedy. See Dukowitz v. Hannon Sec. Servs. , 841 N.W.2d 147, 151 (Minn. 2014) (acknowledging that deciding questions of public policy is a role " 'usually better performed by the legislature' " (quoting Nelson v. Productive Alts., Inc. , 715 N.W.2d 452, 457 n.5 (Minn. 2006) )). But we have recognized or extended rights or remedies when there is a compelling reason to do so. See, e.g. , Phipps v. Clark Oil & Ref. Corp. , 408 N.W.2d 569, 572-73 (Minn. 1987) (recognizing a public-policy exception to Minnesota's employment-at-will rule).

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