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TOWN OF STILLWATER v. MINNESOTA MUNICIPAL COM'N

Nos. 44415, 44500.

219 N.W.2d 82 (1974)

TOWN OF STILLWATER, et al., Respondents, Village of Oak Park Heights, Intervenor, Respondent, Ramona J. Canfield, et al., Intervenors, Respondents, v. MINNESOTA MUNICIPAL COMMISSION, Appellant, City of Stillwater, Appellant.

Supreme Court of Minnesota.

May 31, 1974.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., Jonathan H. Morgan, Sol. Gen., Robert J. Clayton, Spec. Asst. Atty. Gen., Howard Kaibel Jr., Executive Sec'y., Minn. Municipal Comm., St. Paul, for Mun. Comm.

Harold D. Kimmel, Jr., Stillwater, for City of Stillwater.

Gordon C. Moosbrugger, St. Paul, for Tn. of Stillwater, and others.

LeVander, Gillen, Miller & Magnuson and Paul H. Anderson, South St. Paul, for Village of Oak Park Heights.

Elmer W. Foster, Minneapolis, for Canfield and others.

Stanley G. Peskar, Minneapolis, amicus curiae.

Heard before SHERAN, C. J., and ROGOSHESKE, MacLAUGHLIN, YETKA, and SCOTT, JJ., and considered and decided by the court.

ROGOSHESKE, Justice.

In this declaratory judgment action arising out of proceedings pending before the Minnesota Municipal Commission, the commission appealed pursuant to Rule 103.03(i), Rules of Civil Appellate Procedure, from an order of the district court denying a motion to dismiss for failure to state a claim upon which relief can be granted and certifying the question presented to be important and doubtful.

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