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MATTER OF COMPLAINT REGARDING ANNEXATION

No. C4-88-1895.

430 N.W.2d 879 (1988)

In the Matter of a COMPLAINT REGARDING the ANNEXATION OF A PORTION OF the SERVICE TERRITORY OF PEOPLES COOPERATIVE POWER ASSOCIATION BY the CITY OF ROCHESTER.

Court of Appeals of Minnesota.

November 1, 1988.

Attorney(s) appearing for the Case

Frederick Suhler, Jr., Rochester City Atty., Rochester, for respondent City of Rochester.

Hubert H. Humphrey, III, Atty. Gen., Gregory Dittrich, Sp. Asst. Atty. Gen., St. Paul, for respondent Public Utilities Com'n.

Harold LeVander, Jr., LeVander, Gillen, Miller, Anderson & Kuntz, South St. Paul, for relator Peoples Co-op. Power Ass'n.

Considered at Special Term and decided by WOZNIAK, C.J., and HUSPENI and SCHUMACHER, JJ.

SPECIAL TERM OPINION

WOZNIAK, Chief Judge.

FACTS

Relator Peoples Cooperative Power Association filed a complaint against respondent City of Rochester, which operates Rochester Public Utilities. Peoples seeks to (a) prevent Rochester from providing utility service to customers in territory recently annexed by the city, (b) require Rochester to pay to acquire the service area from Peoples, and (c) obtain authorization to provide interim service in...

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