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CITY OF COHASSET v. MINNESOTA POWER

No. A09-572.

776 N.W.2d 776 (2010)

CITY OF COHASSET, Appellant, v. MINNESOTA POWER, an Operating Division of Allete, Inc., Respondent.

Court of Appeals of Minnesota.

January 12, 2010.

Attorney(s) appearing for the Case

Corey J. Ayling, Kathleen M. Brennan, Joelle M. Lester, McGrann, Shea, Carnival, Straughn & Lamb, Chtd., Minneapolis, MN, for appellant.

David R. Moeller, Minnesota Power, Duluth, MN, for respondent.

Susan L. Naughton, League of Minnesota Cities, St. Paul, MN, for Amici Curiae League of Minnesota Cities.

Considered and decided by STONEBURNER, Presiding Judge; JOHNSON, Judge; and STAUBER, Judge.

OPINION

STAUBER, Judge.

On appeal from summary judgment in appellant city's action for declaratory and injunctive relief to enforce its claimed right to require respondent to obtain a franchise or permit to operate its natural gas pipeline within the city's borders, the city argues that the district court erred in concluding that respondent is not subject to the city's franchise or general police power because respondent is not a natural gas public utility...

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