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ROCHESTER v. PEOPLE'S CO-OP. POWER ASS'N

Nos. C2-90-2141, C5-90-2148 and C5-90-2151.

466 N.W.2d 753 (1991)

CITY OF ROCHESTER, Appellant, v. PEOPLE'S COOPERATIVE POWER ASSOCIATION INC., etc., et al., Minnesota Public Utilities Commission, Intervenor, and Minnesota Department of Public Service, Intervenor, Respondents.

Court of Appeals of Minnesota.

Review Granted April 29, 1991.

Review Dismissed May 28, 1991.

Attorney(s) appearing for the Case

Joseph F. Chase, O'Brien, Ehrick, Wolf, Deaner & Maus, Rochester, for City of Rochester.

Kenneth R. Moen, Dunlap, Finseth, Berndt & Sandberg, Rochester, for People's Co-op Power Ass'n Inc., etc., et al., Hubert H. Humphrey, III, Atty. Gen., Margaret E. Hendriksen, Asst. Atty. Gen., St. Paul, for Minnesota Public Utilities Com'n.

Eric. F. Swanson, Sp. Asst. Atty. Gen., St. Paul, for Minnesota Dept. of Public Service.

Considered and decided by WOZNIAK, C.J., and RANDALL and CRIPPEN, JJ.

OPINION

RANDALL, Judge.

The City of Rochester (City) appeals from an order dismissing its petitions to condemn portions of respondent's, People's Cooperative Power Association Inc. (Peoples), utility property. The trial court held it had jurisdiction to decide the controversy, but it declined to do so pursuant to the doctrine of primary jurisdiction. We affirm.

FACTS

The facts in this matter are undisputed. The City annexed a number of...

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