Mary Cocchiarella v. Donald Driggs, 884 N.W.2d 621 (2016)

Citation: Mary Cocchiarella v. Donald Driggs, 884 N.W.2d 621 (2016)
Parent Document: Mary Cocchiarella v. Donald Driggs, 884 N.W.2d 621 (2016)
Jurisdiction: Minnesota (state)
Effective Date: 2016-08-31
Original Source: https://www.courtlistener.com/opinion/4252990/mary-cocchiarella-v-donald-driggs/ ↗

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Cocchiarella filed a petition with the housing : court under Minn.Stat. § 504B.375, seeking possession of the apartment on the ground that she was unlawfully excluded from the premises. The housing court referee recommended that Cocchiarella’s petition be dismissed, concluding that she was not a “residential tenant” as required under the- unlawful exclusion or removal statute, see Minn. Stat. § 504B.375, subd. 1(a). Specifically, the referee reasoned that Cocchiarella had not physically occupied the premises, and therefore she was not a “residential tenant” who was “occupying a dwelling in a residential building” within the meaning of chapter 504B, see MinmStat. §, 504B.001, subd. 12 (emphasis- added). The district court adopted the referee’s conclusions in all respects and dismissed Cocchiarella’s petition.

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