NORTHERN STATES POWER v. METROPOLITAN

No. C4-03-67.

684 N.W.2d 485 (2004)

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

Supreme Court of Minnesota.

August 5, 2004.


Attorney(s) appearing for the Case

Timothy R. Thornton, Edward Stringer, Thomas J. Basting, Jr., Bryant D. Tchida, Briggs & Morgan, Minneapolis, MN, for Respondent.

Lewis A. Remele, Jr., Charles E. Lundberg, Andrew L. Marshall, Bassford Remele, P.A., Minneapolis, MN, for Appellant Minnesota Metropolitan Council.

Mike Hatch, Attorney General, David M. Jann, Stuart Alger, Assistant Attorneys General, St. Paul, MN, for Appellant Department of Transportation.

Thomas L. Grundhoefer, St. Paul, MN, Jay Heffern, Minneapolis City Attorney, Corey M. Conover, Assistant City Attorney, Minneapolis, MN, Manuel Cervantes, St. Paul City Attorney, Gerald T. Hendrickson, Deputy City Attorney, St. Paul, MN, for Amicus Curiae League of Minnesota Cities and City of St. Paul.

Heard, considered, and decided by the court en banc.


OPINION

PAGE, Justice.

This case arises out of the construction of the Hiawatha Light Rail Transit line (LRT), which will eventually connect downtown Minneapolis with the Minneapolis-St. Paul International Airport and the Mall of America.1 The Minnesota Department of Transportation (MnDOT) is responsible for the line's construction. Upon completion, the line will be owned and operated by the Minnesota Metropolitan Council (Met...

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