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CITY OF COHASSET v. MINNESOTA POWER

No. A09-572.

798 N.W.2d 50 (2011)

CITY OF COHASSET, Appellant, v. MINNESOTA POWER, an Operating Division of Allete, Inc., Respondent.

Supreme Court of Minnesota.

June 1, 2011.

Attorney(s) appearing for the Case

Corey J. Ayling , Kathleen M. Brennan , Joelle M. Lester , McGrann Shea Carnival Straughn & Lamb, Chartered, Minneapolis, MN, for appellant.

David R. Moeller , Duluth, MN, for respondent.

Susan L. Naughton , St. Paul, MN, for amici curiae League of Minnesota Cities and Coalition of Utility Cities.

OPINION

PAGE, Justice.

This action arises out of respondent Minnesota Power's construction of a natural gas pipeline within the Cohasset city limits. Appellant City of Cohasset commenced an action for declaratory and injunctive relief against Minnesota Power seeking to require Minnesota Power to obtain a franchise from Cohasset to operate the pipeline. The district court concluded that Cohasset did not have franchise authority over Minnesota Power's pipeline...

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