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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The court of appeals affirmed the dismissal, -concluding that a person is a “resi*624dential tenant” only “if the. person actually had taken possession of rental property and had begun residing there before the filing of a petition.” Cocchiarella v. Driggs, 870 N.W.2d 103, 106 (Minn.App.2015). Because Driggs precluded Coc-:chiarella from physically occupying the premises, the court of appeals reasoned that Cocchiarella was not a “residential tenant,” and therefore could not bring an unlawful exclusion petition under Minn. Stat. § 504B!375. 870 N.W.2d at 107. We granted Cocchiarella’s petition for review. I.

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