N.S.P. v. MINNESOTA METRO. COUNCIL

No. C4-03-67.

667 N.W.2d 501 (2003)

NORTHERN STATES POWER COMPANY, d/b/a Xcel Energy, Appellant, v. MINNESOTA METROPOLITAN COUNCIL, Respondent, Minnesota Department of Transportation, et al., Respondents.

Court of Appeals of Minnesota.

August 19, 2003.


Attorney(s) appearing for the Case

Timothy R. Thornton, Thomas J. Basting, Jr., Briggs & Morgan, P.A., Minneapolis, MN, for appellant.

Lewis A. Remele, Jr., Andrew L. Marshall, Bassford, Lockhart, Truesdell & Briggs, P.A., Minneapolis, MN, for respondent Minnesota Metropolitan Council.

Mike Hatch, Attorney General, David M. Jann, Ann K. Bloodhart, Assistant Attorneys General, St. Paul, MN, for respondent Minnesota Department of Transportation.

Considered and decided by SCHUMACHER, Presiding Judge, HUDSON, Judge, and FORSBERG, Judge.


OPINION

HUDSON, Judge.

Appellant Northern States Power, now known as Xcel Energy, challenges the district court's dismissal of its writ of mandamus. Xcel Energy argues the district court erred by holding that (1) there is no factual dispute in this matter; (2) Xcel Energy's claim is premature and speculative; and (3) Xcel Energy has an adequate legal remedy. Appellant also argues that the district court...

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