BRIDGEWATER TELEPHONE COMPANY, INC. v. CITY OF MONTICELLO

No. A08-1928.

765 N.W.2d 905 (2009)

BRIDGEWATER TELEPHONE COMPANY, INC., Appellant, v. CITY OF MONTICELLO, Respondent.

Court of Appeals of Minnesota.

June 2, 2009.


Attorney(s) appearing for the Case

Robert Hochman (pro hac vice), Sidley Austin LLP, Chicago, IL, and Patrick M. O'Donnell, Smith Paulson O'Donnell and Associates, PLC, Monticello, MN, and Gregory R. Merz, Gray Plant Mooty Mooty & Bennett, P.A., Minneapolis, MN, for appellant.

John M. Baker, Pamela L. VanderWiel, Kathryn N. Hibbard, Greene Espel, P.L.L.P., Minneapolis, MN, for respondent.

Lani L. Williams, (pro hac vice), Local Government Lawyer's Roundtable, Inc., Oconomowoc, WI, for amicus curiae National Association of Telecommunications Officers and Advisors.

Considered and decided by CONNOLLY, Presiding Judge; HUDSON, Judge; and WORKE, Judge.


OPINION

CONNOLLY, Judge.

Appellant argues that the district court erred in its interpretation of Minn.Stat. § 475.52, subd. 1 and abused its discretion by failing to allow appellant to twice amend its complaint. Because the district court did not err in its conclusion that a broadband-communication network qualified as a "utility or other public convenience," the operating reserve fund was to be used for start-up costs, not current expenses, and the...

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