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MATTER OF RESOLUTION OF THE CITY OF AUSTIN

No. C8-96-2061.

567 N.W.2d 529 (1997)

In the Matter of the RESOLUTION OF the CITY OF AUSTIN Requesting the Commissioner of the Minnesota Department of Transportation to Conduct a Public Hearing to Determine Whether a Public Grade Crossing should be Established Where Fourth Avenue N.E., When Extended, Would Traverse the Right of Way and Track of the Soo Line Railroad Company, d/b/a CP Rail System in Austin, Minnesota.

Court of Appeals of Minnesota.

August 6, 1997.

Attorney(s) appearing for the Case

William H. Koch, Ilsley Daniel Colton, Robert M. Hogg, Leonard, Street & Deinard, Saint Paul, for Relator Soo Line Railroad Company.

Kermit Hoversten, Steven J. Hovey, Hoversten, Johnson, Beckmann, Wellmann & Hovey, Austin, for Respondent City of Austin.

Hubert H. Humphrey, III, Attorney General, Kathy Meade Hebert, Assistant Attorney General, St. Paul, for Respondent Commissioner of Department of Transportation.

Considered and decided by HUSPENI, P.J., and WILLIS and SCHULTZ, JJ.

OPINION

WILLIS, Judge.

Relator Soo Line Railroad Company (Soo Line) challenges the determination of respondent commissioner that respondent City of Austin (the city) met its burden of proving that a new grade crossing is necessary. Soo Line argues that (1) the commissioner's ruling is not supported by substantial evidence, (2) the ruling is arbitrary and capricious, and (3) the commissioner does not have the authority to determine whether construction of...

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