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 dissent and'MMHA argue that policy ■ considerations — discouraging false or harassing claims — require us to interpret the phrase "residential tenant” as incorporating a physical occupancy requirement. We disagree. First, the dissent erroneously explores legislative intent, including..policy arguments, contrary to our canons of statutory interpretation. Because the statute is not ambiguous, the court is precluded from exploring the spirit or .purpose of the law. Minn.Stat. § 645.16; Premier Bank v. Becker Dev., LLC, 785. N.W.2d 753, 759 (Minn.2010). Second, the unlawful exclusion or removal statute already includes various protections against . abuses by those claiming to be "residential tenants.” Courts are not empowered to grant relief simply because a petitioner believes she has been wrongfully excluded. On the contrary, a petitioner must provide a “verified” petition or affidavit providing a “specific” statement of facts that “clearly” establishes the “unlawfulness” of the exclusion or removal from the premises, Minn.Stat. § 504B.375, subd. 1(b)(2), (c). If a petitioner fails to do so, the judicial officer can, and should, deny the immediate possession requested. In the event that immediate possession is wrongfully granted, a landlord has a clear, speedy, effective, and equivalent remedy. Specifically, if possession by the petitioner is wrongful, a landlord may obtain a dissolution of the order; obtain an equivalent writ of eviction; and recover costs, damages, and fees caused by the tenant’s wrongful possession. Id., subd. 2. This ability to recover costs, damages, and fees protects landlords by dissuading those with false, harassing, or even tenuous claims from" obtaining wrongful possession of residential properties. --- 040dissent by Anderson --- ANDERSON, Justice
(dissenting).

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