NORTHERN STATES POWER CO. v. CITY OF OAKDALE

No. C3-98-867.

588 N.W.2d 534 (1999)

NORTHERN STATES POWER COMPANY, Appellant, v. CITY OF OAKDALE, Respondent.

Court of Appeals of Minnesota.

February 2, 1999.


Attorney(s) appearing for the Case

George O. Ludcke, Kelly & Berens, P.A., Minneapolis, MN; and Harold J. Bagley, Senior Attorney, Law Department, Northern States Power Company, Minneapolis, MN (for appellant).

James M. Strommen, Daniel J. Greensweig, Kennedy & Graven, Chtd., Minneapolis, MN (for respondent).

Michael A. Hatch, Attorney General, Megan J. Hertzler, Dennis D. Ahlers, Assistant Attorneys General, St. Paul, MN (for amicus curiae Minnesota Public Utilities Commission).

Christopher D. Anderson, Minnesota Power, Inc., Duluth, MN (for amicus curiae Minnesota Power, Inc.).

Harold LeVander, Jr., Maun & Simon, PLC, St. Paul, MN (for amicus curiae Rural Electric Association).

Carla J. Heyl, League of Minnesota Cities, St. Paul, MN (for amicus curiae League of Minnesota Cities).

Considered and decided by HALBROOKS, Presiding Judge, ANDERSON, Judge, and HOLTAN, Judge.


OPINION

HARVEY A. HOLTAN,* Judge.

Northern States Power Company (NSP) appeals from the district court's grant of summary judgment in favor of the City of Oakdale (the city) in a case involving an ordinance requiring underground electric distribution lines. We affirm.

FACTS

In the spring of 1997, Imation Corporation requested that NSP provide additional service to its facility located in the City of Oakdale....

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