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CTY. OF WASH. v. CITY OF OAK PARK HEIGHTS

No. A11-67.

802 N.W.2d 767 (2011)

COUNTY OF WASHINGTON, Respondent, v. CITY OF OAK PARK HEIGHTS, Appellant.

Court of Appeals of Minnesota.

July 18, 2011.

Attorney(s) appearing for the Case

Pete Orput , Washington County Attorney, George Kuprian , Maura J. Shuttleworth , Assistant County Attorneys, Stillwater, MN, for respondent.

Pierre N. Regnier , James G. Golembeck , Jessica E. Schwie , Jardine, Logan & O'Brien, P.L.L.P., Lake Elmo, MN, for appellant.

Considered and decided by HALBROOKS, Presiding Judge; BJORKMAN, Judge; and COLLINS, Judge.

OPINION

BJORKMAN, Judge.

Appellant City of Oak Park Heights challenges the district court's denial of its motion for summary judgment, arguing that the district court lacks subject-matter jurisdiction because respondent Washington County's unjust-enrichment claim challenges quasi-judicial conduct by the city, which may be reviewed only by writ of certiorari. Because we conclude that the city's conduct was proprietary, not governmental, we affirm.

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