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MATTER OF RESOLUTION OF CITY OF NORTHFIELD

No. C8-85-2288.

386 N.W.2d 748 (1986)

In the Matter of the RESOLUTION OF the CITY OF NORTHFIELD Requesting the Minnesota Department of Transportation to conduct a Public Hearing to Determine Whether a Public Grade Crossing Should be Established Where Dresden Avenue When Constructed Would Cross the Right of Way and Track of the Minneapolis, Northfield and Southern Railway, Inc. in Northfield, Minnesota.

Court of Appeals of Minnesota.

Review Denied July 16, 1986.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, for respondent Dept. of Transp.

Thomas J. Barrett, Popham, Haik, Schnobrich, Kaufman & Doty, Ltd., St. Paul, for respondent City of Northfield.

Michael M. Mullins, Gen. Atty., Soo Line R. Co., Minneapolis, for relator Minneapolis, Northfield and Southern Ry., Inc.

Heard, considered and decided by POPOVICH, C.J., and NIERENGARTEN and RANDALL, JJ.

OPINION

POPOVICH, Chief Judge.

Minneapolis, Northfield and Southern Railway, Inc. (M, N & S) appeals from an order of the Commissioner of Transportation determining that a grade crossing should be constructed over its track at the end of Dresden Avenue in Northfield. The railroad contends substantial evidence does not support a need for the crossing, the Commissioner erred by not allocating costs, and the entire cost should be allocated to the City of...

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