ROCHESTER v. PEOPLES CO-OP. POWER ASS'N

Nos. C8-93-19, C4-93-20, CX-93-37, C3-93-39, C7-93-75.

505 N.W.2d 621 (1993)

CITY OF ROCHESTER, petitioner, Respondent, v. PEOPLES COOPERATIVE POWER ASSOCIATION, INC., et al., Respondents (C8-93-19, C7-93-75), Appellants (C4-93-20, CX-93-37), United States of America, through its Administrator of the Rural Electrification Administration, et al., Appellants (C3-93-39), Respondents (C7-93-75), Minnesota Public Utilities Commission, Intervenor, Appellant (C8-93-19, C7-93-75).

Court of Appeals of Minnesota.

August 31, 1993.


Attorney(s) appearing for the Case

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

Kenneth R. Moen, Dunlap, Finseth, Berndt & Sandberg, P.A., Rochester, for Peoples Co-op. Power Ass'n, Inc.

Francis X. Hermann, U.S. Atty., Thomas M. Bondy, U.S. Dept. of Justice, Civ. Div., Appellate Staff, Washington, DC, Lonnie F. Bryan, Asst. U.S. Atty., Minneapolis, for U.S.

Hubert H. Humphrey, III, Atty. Gen., Margie E. Hendriksen, Katherine L. McGill, Brent Lee Vanderlinden, Asst. Attys. Gen., St. Paul, for Minnesota Public Utilities Com'n, intervenor.

Andrew J. Shea, Corey J. Ayling, McGrann, Shea, Franzen, Carnival, Straughn & Lamb, Minneapolis, Crowell & Moring, Washington, DC, for amici curiae American Public Power Ass'n and National League of Cities.

Harold P. LeVander, Jr., William J. Hassing, Maun & Simon, St. Paul, for amici curiae Minnesota Rural Elec. Ass'n, Nat'l Rural Elec. Co-op. Ass'n, and Nat'l Rural Utilities Co-op. Finance Corp.

Considered and decided by FORSBERG, P.J., and PARKER and SCHULTZ, JJ.


OPINION

FORSBERG, Judge.

This appeal is from a district court order authorizing the City of Rochester to acquire, by "quick-take," certain electric service rights previously assigned by the Minnesota Public Utilities Commission to Peoples Cooperative Power Association. We affirm.

FACTS

In 1971, the Minnesota legislature approved special legislation authorizing any city within a joint sewer district...

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