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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That situation is squarely presented in this case. Indeed, the Legislature has provided for not one, but two, separate retaliation defenses, in two separate provisions: Minn. Stat. §§ 504B.285 and 504B.441. That is to say, the Legislature has already delineated the precise circumstances in which a retaliation defense should be available. Consistent with our precedent, the judiciary should not presume to ignore the Legislature's policy preferences in favor of our own. But, departing from almost 100 years of precedent, that is exactly what the majority has done when it asserts that "it would have made sense" for the Legislature to provide the broader defense the majority creates.

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