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NORTHWEST AIRLINES v. MET. AIRPORTS

No. A03-494.

672 N.W.2d 379 (2003)

NORTHWEST AIRLINES, INC., Appellant, v. METROPOLITAN AIRPORTS COMMISSION, Respondent.

Court of Appeals of Minnesota.

December 16, 2003.

Attorney(s) appearing for the Case

Thomas Tinkham, Daniel J. Brown, John Rock, Dorsey & Whitney, LLP, 50 South Sixth Street, Suite 1500, Minneapolis, MN 55402 (for appellant)

Edward M. Laine, Connie A. Lahn, Bray M. Dohrwardt, Oppenheimer Wolff & Donnelly, LLP, 3300 Plaza VII, 45 South Seventh Street, Minneapolis, MN 55402 (for respondent)

Considered and decided by Randall, Presiding Judge, Minge, Judge, and Poritsky, Judge.

OPINION

RANDALL, Judge.

Appellant contests the district court's dismissal of its declaratory judgment action, in which appellant sought a determination that Ordinance 87, enacted and enforced by respondent, violated Minn.Stat. § 473.651 (2002) and is beyond respondent's authority under Minn.Stat. § 473.651. Appellant argues that it is challenging the validity of a legislative act, and thus the doctrine of exhaustion does not apply and the district...

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