MATTER OF QWEST CORP.

A18-0207.

918 N.W.2d 578 (2018)

In the MATTER OF a Petition by QWEST CORPORATION dba CenturyLink QC for Resolution of a Dispute with BNSF Railway Company Over the Use of Railroad Right-of-Way Under Minn. Stat. § 237.045.

Court of Appeals of Minnesota.

Filed September 24, 2018.


Attorney(s) appearing for the Case

Jason A. Lien , Cyri A. Van Hecke , Maslon LLP, Minneapolis, Minnesota (for relator BNSF Railway Company).

Lori Swanson , Attorney General, Jason B. Marisam , Assistant Attorney General, St. Paul, Minnesota (for respondent Minnesota Public Utilities Commission).

Steven J. Wells , Kirsten E. Schubert , Timothy J. Droske , Dorsey & Whitney LLP, Minneapolis, Minnesota (for respondent Qwest Corporation).

Richard J. Johnson , Shannon M. Heim , Kelly C. McGinty , Moss & Barnett, Minneapolis, Minnesota (for amici curiae Minnesota Telecom Alliance, Minnesota Municipal Utilities Association, Minnesota Cable Communications Association, Minnesota Rural Electric Association).

Patrick D.J. Mahlberg , Steven J. Quam , Fredrikson & Byron, P.A., Minneapolis, Minnesota (for amicus curiae Northern States Power Company d/b/a Xcel Energy).

Considered and decided by Schellhas, Presiding Judge; Larkin, Judge; and Stauber, Judge.


OPINION

In this certiorari appeal, relator-railroad challenges a decision made by respondent Minnesota Public Utilities Commission allowing respondent-utility to proceed with a crossing application submitted to relator under Minn. Stat. § 237.045. Because we reject relator...

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