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IN RE DAKOTA TELECOMMUNICATIONS GROUP

No. C8-98-1139.

590 N.W.2d 644 (1999)

In re Application of DAKOTA TELECOMMUNICATIONS GROUP, d/b/a Dakota Telecom, Inc. for a Cable Television Franchise in Marshall, Minnesota.

Court of Appeals of Minnesota.

March 16, 1999.

Attorney(s) appearing for the Case

Christopher J. Dietzen, James M. Susag, Larkin, Hoffman, Daly & Lindgren, Ltd., Bloomington, for relator Bresnan Communications Company, Limited Partnership.

Charles T. Wilson, Michael S. Dove, Gislason, Dosland, Hunter & Malecki, P.L.L.P., New Ulm, for respondent Dakota Telecommunications Group d/b/a Dakota Telecom, Inc.

Clifford M. Greene, John M. Baker, Greene, Espel, P.L.L.P., Minneapolis, for respondent City of Marshall and Marshall Municipal Utilities Commission.

Considered and decided by SHORT, Presiding Judge, TOUSSAINT, Judge, and HUSPENI, Judge.

OPINION

SHORT, J.

Bresnan Communications Co., L.P. (Bresnan) appeals by writ of certiorari the City of Marshall's (city) grant of a second, nonexclusive cable television franchise to Dakota Telecommunications Group (DTG). On appeal, Bresnan argues the city acted arbitrarily and capriciously in granting DTG's franchise without substantial evidence of DTG's financial ability to construct and sustain its proposed cable system, and violated Bresnan's due process...

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