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U S WEST COMMUNICATIONS v. REDWOOD FALLS

No. C6-96-1765.

558 N.W.2d 512 (1997)

U S WEST COMMUNICATIONS, INC., Appellant, v. CITY OF REDWOOD FALLS, Respondent.

Court of Appeals of Minnesota.

Review Denied April 15, 1997.

Attorney(s) appearing for the Case

Victoria T. Aguilar, David G. Seykora, Minneapolis, Timothy D. Kelly, Kelly & Berens, P.A., Minneapolis, Jeffrey S. Bork, Denver, CO (pro hac vice), for Appellant.

Stephen P. Thies, City Attorney, Redwood Falls, for Respondent.

Carla J. Heyl, D. Christopher Smith, St. Paul, for intervenor League of Minnesota Cities.

Hubert H. Humphrey, III, Attorney General, Jeff Oxley, Dennis D. Ahlers, Assistant Attorney General, St. Paul, for amicus curiae Minnesota Department of Public Service.

Susan Allender, Assistant Attorney General, St. Paul, for amicus curiae Minnesota Public Utilities Commission.

William E. Flynn, David L. Sasseville, Lindquist & Vennum, P.L.L.P., Minneapolis, for amicus curiae Minnesota Business Utility Users Council.

Timothy E. Marx, City Attorney, Philip B. Byrne, Assistant City Attorney, St. Paul, for amicus curiae City of St. Paul.

Michael T. Norton, Acting City Attorney, William C. Dunning, Assistant City Attorney, Minneapolis, for amicus curiae City of Minneapolis.

Considered and decided by HARTEN, P.J., TOUSSAINT, C.J., and CRIPPEN, J.

OPINION

HARTEN, Judge.

The City of Redwood Falls enacted an ordinance granting a franchise to U S WEST for its use of the city's rights-of-way. U S WEST sued the city, seeking to enjoin the city from enforcing its ordinance. The city moved to dismiss U S WEST's complaint for failure to state a claim upon which relief can be granted, and the district court granted the city's motion. We reverse and remand.

FACTS

In 1990, the City of Redwood...

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