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MIDLAND GLASS COMPANY, INC. v. CITY OF SHAKOPEE

No. 44687.

226 N.W.2d 324 (1975)

MIDLAND GLASS COMPANY, INC., Respondent, v. CITY OF SHAKOPEE, Respondent, Northern States Power Company, Appellant.

Supreme Court of Minnesota.

February 21, 1975.

Attorney(s) appearing for the Case

Harold J. Bagley, Minneapolis, Briggs & Morgan and Leonard J. Keyes and Samuel L. Hanson, St. Paul, for appellant.

Best, Flanagan, Lewis, Simonet & Bellows and Harold C. Evarts and Allen D. Barnard, Minneapolis, for Midland.

Julius A. Coller II, Shakopee, for City of Shakopee.

Heard before SHERAN, C. J., and OTIS, KELLY, TODD, and YETKA, JJ., and considered and decided by the court en banc.

TODD, Justice.

Defendant Northern States Power Company (NSP) appeals from a summary judgment entered July 24, 1973, declaring the utility franchise granted to NSP by the city of Shakopee void. The trial court determined that a 7-percent surcharge to be collected by NSP from certain customers was unconstitutional. This holding is not challenged on this appeal. However, the trial court further found the surcharge provision to be so woven into the franchise grant as...

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