A09-572, City of Cohasset, Appellant, vs. Minnesota Power, an Operating Division of Allette, Inc., Respondent.

State: Minnesota

Docket No: A09-572

Case Date: 03/30/2010

Preview:STATE OF MINNESOTA IN COURT OF APPEALS A09-572 City of Cohasset, Appellant, vs. Minnesota Power, an Operating Division of Allette, Inc., Respondent. Filed January 12, 2010 Affirmed Stauber, Judge Stoneburner, Judge, dissenting Itasca County District Court File No. 31CV083286 Corey J. Ayling, Kathleen M. Brennan, Joelle M. Lester, McGrann, Shea, Carnival, Straughn & Lamb, Chtd., Minneapolis, Minnesota (for appellant) David R. Moeller, Minnesota Power, Duluth, Minnesota (for respondent) Susan L. Naughton, League of Minnesota Cities, St. Paul, Minnesota (for Amici Curiae League of Minnesota Cities) Considered and decided by Stoneburner, Presiding Judge; Johnson, Judge; and Stauber, Judge. SYLLABUS I. A public utilitys infrastructure that is not "furnishing" the public utilitys

product to the public for retail is not subject to a citys franchise authority under Minn. Stat.

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