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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

Other Sections in This Document (68)

Full Text

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The majority suggests that comparing the words used in Min. Stat. § 504B.441 with those in Minn. Stat. § 504B.285 is only permissible if section 504B.441 is ambiguous. I agree that the canon of in pari materia is available only if the statute is ambiguous. As detailed above, in my view, the word "complaint" unambiguously mean a civil complaint in a tenant-remedies action. That the Legislature, in a related statute, used a different word to refer to a different thing only buttresses that conclusion; it is not the basis for the conclusion. But if, as the majority concludes, section 504B.441 were ambiguous, a comparison with section 504B.285 would dispel any ambiguity. --- 040dissent by Anderson ---