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NORTHERN STATES v. CITY OF SUNFISH LAKE

No. C3-02-1409.

659 N.W.2d 271 (2003)

NORTHERN STATES POWER COMPANY, d/b/a Xcel Energy, petitioner, Respondent, v. CITY OF SUNFISH LAKE, Respondent, and POWER LINE TASK FORCE, INC., intervenor, Appellant, Douglas P. BEEDON, et al., Intervenors.

Court of Appeals of Minnesota.

April 9, 2003.

Attorney(s) appearing for the Case

Jack Y. Perry, Thomas Erik Bailey, Briggs and Morgan, P.A., Harold J. Bagley, Assistant General Counsel, Xcel Energy (of counsel), Minneapolis, for respondent Northern States Power.

Clifford M. Greene, William P. Hefner, Greene Espel, P.L.L.P., Minneapolis, for respondent Sunfish Lake.

Marshall H. Tanick, Stephen H. Parson, Mansfield, Tanick & Cohen, P.A., Minneapolis, Christopher Thomas Johnson, Law Office of Christopher Thomas Johnson, Janesville, for appellant.

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

OPINION

SCHUMACHER, J.

Respondent City of Sunfish Lake denied respondent Northern States Power Company, d/b/a/ Xcel Energy, a conditional use permit to upgrade an existing power line running through Sunfish Lake. By petition for writ of mandamus, Xcel sought a district court order requiring Sunfish Lake to issue the conditional use permit. Appellant Power Line Task Force, Inc., (PLTF) a group of citizens living near the existing line, intervened in the mandamus...

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