University:
University College London
Course:
LAWS0002 | Property Law I
Academic year:

2021
Views:

340

Pages:

1
Author:

gewoekerdodx

Berg v. Wiley Supreme Court of Minnesota 264 N.W.2d 145 (1978) Facts Berg leased restaurant space from Wiley. Berg broke several conditions of the lease. Wiley told Berg to complete remodels. Berg closed the restaurant, put up a sign saying it was closed for remodeling. A few days later, Berg and friends were seen removing panels from the premises. Under advice of his attorney, Wiley changed the locks to the space, locking Berg out. Procedural History W appeals from judgement upon a jury verdict ordering plaintiff tenant damages for a wrongful eviction from leased premises. Issue Presented Arguments Presented Rule Peaceable does not mean only violent- landlords cannot exclude tenants by their own means. Have to use “peacable” judicial process”. Reasoning There was no abandonment of the premises by Berg- she was temporarily closing to remodel. Wiley’s changing of locks was not peaceable- relying on precedent Holding Judgement Affirmed