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NSP v. MENDOTA HEIGHTS

No. C3-02-65.

646 N.W.2d 919 (2002)

NORTHERN STATES POWER CO., d/b/a Xcel Energy, Petitioner/Plaintiff, Appellant, v. CITY OF MENDOTA HEIGHTS, Respondent/Defendant, Respondent, and Power Line Task Force, Inc., Intervenor, Respondent.

Court of Appeals of Minnesota.

July 16, 2002.

Attorney(s) appearing for the Case

Eric J. Magnuson, Peter Gray, Rider, Bennett, Egan & Arundel, LLP, and Harold J. Bagley, Assistant General Counsel, Northern States Power Co., d/b/a Xcel Energy, Minneapolis, for appellant.

Pierre N. Regnier, Jessica E. Schwie, Jardine, Logan & O'Brien, P.L.L.P., Lake Elmo, for respondent City of Mendota Heights.

Michael C. Black, Michael C. Black Law Office, Ltd., St. Paul, for respondent Power Line Task Force, Inc.

Considered and decided by KLAPHAKE, P.J., and G. BARRY ANDERSON, and STONEBURNER, JJ.

OPINION

KLAPHAKE, Judge.

Appellant Northern States Power Co., d/b/a Xcel Energy (Xcel) brought this mandamus petition and declaratory judgment complaint against respondent City of Mendota Heights to compel the city to approve its application for a conditional use permit (CUP) under the automatic approval provisions of Minn.Stat. § 15.99 (2000). Xcel applied for the CUP to upgrade an existing transmission line running through the city. Power Line Task...

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