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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Eden Park Apartments v. Weston, 529 N.W.2d 732 (1995)

Citation
Eden Park Apartments v. Weston, 529 N.W.2d 732 (1995)
Parent Document
Eden Park Apartments v. Weston, 529 N.W.2d 732 (1995)
Jurisdiction
Minnesota (state)
Effective Date
1995-04-18

Other Sections in This Document (31)

Full Text

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Appellant argues that the findings here must be set aside as clearly erroneous and unsupported by the record. We disagree. The findings indicate that both before and after the first inspection appellant failed to maintain her apartment in a sanitary condition: odoriferous garbage was piled near the door, the blinds were ruined, and the walls and carpet soiled. These findings were amply supported by the apartment manager’s testimony. Appellant, in effect, complains that the testimony of her witnesses rather than that of the management should have been accepted by the referee. We note initially that the testimony of appellant’s witnesses tended to justify the condition of the apartment rather than to refute the manager’s testimony. In addition, determinations regarding the credibility of witnesses are peculiarly within the province of the factfinder. See Thuma v. Kroschel, 506 N.W.2d 14, 18 (Minn.App.1993), pet. for rev. denied (Minn. Dec. 14, 1993). DECISION