CITY OF BROOKLYN CENTER v. METROPOLITAN COUNCIL

Nos. 44888 and 45159.

243 N.W.2d 102 (1975)

CITY OF BROOKLYN CENTER, et al., Plaintiffs, Village of Burnsville, et al., intervenor, Plaintiffs, Appellants, v. METROPOLITAN COUNCIL, etc., et al., Respondents, Village of Arden Hills, et al., intervenors, Respondents, Village of New Germany, et al., intervenors, Respondents, Village of Hanover, involuntary defendant, Respondent, Village of Medicine Lake, involuntary defendant, Respondent, Town of Blakeley, et al., involuntary defendants, Respondents, City of Bloomington, involuntary defendant, Respondent, Village of Newport, involuntary defendant, Respondent, Village of Orono, et al., involuntary defendants, Respondents, Village of Rockford, involuntary defendant, Respondent, City of St. Paul, involuntary defendant, Respondent, City of Shakopee, involuntary defendant, Respondent, Village of Mayer, involuntary defendant, Respondent, City of Minnetonka, involuntary defendant, Respondent, Village of Maple Plain, involuntary defendant, Appellant.

Supreme Court of Minnesota.

Rehearing Denied April 16, 1976.

As Amended May 6, 1976.


Attorney(s) appearing for the Case

Schieffer, Hadley, Bakke & Jensen and Richard J. Schieffer, Minneapolis, for appellants.

Dorsey, Marquart, Windhorst, West & Halladay and John D. Levine and Thomas S. Hay, Minneapolis, William F. Kelly, Excelsior, Walter S. Johnson, Buffalo, John M. Miller, Minneapolis, Robert O'Neill, New Prague, Gary Gandrud, City Atty., Bloomington, Fred N. Peterson, St. Paul, G. Marc Whitehead, Minneapolis, Philip Perkins, Maple Lake, R. Scott Davies, City Atty., St. Paul, Julius Coller, II, Shakopee, William F. Kelly, Excelsior, Carl Dever, Minnetonka, Schieffer, Hadley, Bakke & Jensen, Minneapolis, for respondents.

Considered and decided by the court en banc.


SHERAN, Chief Justice.

Appeals from a judgment and an intermediate order entered in a declaratory judgment proceeding brought to determine the statutory validity of a formula adopted by the Metropolitan Sewer Service Board (Board)1 and approved by the Metropolitan Council (Council)2 for the allocation and collection of debt service costs for the unused capacity of treatment works and interceptors in the metropolitan...

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