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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I also disagree with the majority that we should recognize a common-law retaliatory-eviction defense. As the majority acknowledges, we are "generally ... reluctant to undertake the task of determining public policy," a prerequisite to recognizing a new common-law right, remedy, or defense, because "this role is usually better performed by the legislature." Dukowitz v. Hannon Sec. Servs. , 841 N.W.2d 147, 151 (Minn. 2014) (citation omitted) (internal quotation marks omitted); see also Nelson v. Productive Alts., Inc. , 715 N.W.2d 452, 457 n. 5 (Minn. 2006) (noting that our court "has generally been reluctant to undertake the task of determining public policy [because that] role is usually better performed by the legislature"); Stawikowski v. Collins Elec. Constr. Co. , 289 N.W.2d 390, 395 (Minn. 1979) ("Although we believe that the equities favor nondisqualification of [applicants for unemployment insurance] in cases such as this, we do well to exercise judicial restraint in deference to the legislature's superior ability to deal with broad social and economic policy issues of this nature."); State ex rel. Meehan v. Empie , 164 Minn. 14, 204 N.W. 572, 573-74 (1925) ("Courts do not determine public policy when the Legislature speaks."). Furthermore, "adoption of a new cause of action is particularly inappropriate when the Legislature has already provided other remedies to vindicate the public policy of the state." Dukowitz , 841 N.W.2d at 153.

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