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CITY OF MOORHEAD v. RED RIVER VALLEY CO-OP.

No. A11-705.

811 N.W.2d 151 (2012)

CITY OF MOORHEAD, Appellant, v. RED RIVER VALLEY COOPERATIVE POWER ASSOCIATION, Respondent.

Court of Appeals of Minnesota.

January 30, 2012.

Attorney(s) appearing for the Case

Kathleen M. Brennan , Corey J. Ayling , McGrann Shea Carnival Straughn & Lamb, Chtd., Minneapolis, MN; and Benjamin E. Thomas , Wold Johnson, P.C., Fargo, ND, for appellant.

Harold LeVander, Jr. , Felhaber, Larson, Fenlon & Vogt, P.A., St. Paul, MN; and Sara Gullickson McGrane , Jessica M. Marsh , Minneapolis, MN, for respondent.

Susan L. Naughton , League of Minnesota Cities, St. Paul, MN, for amicus curiae League of Minnesota Cities.

Elizabeth A. Wefel , Flaherty & Hood, P.A., St. Paul, MN, for amici curiae Minnesota Municipal Utilities Association, Missouri River Energy Services, Western Minnesota Municipal Power Agency, Coalition of Greater Minnesota Cities.

Considered and decided by HUDSON, Presiding Judge; PETERSON, Judge; and STONEBURNER, Judge.

OPINION

HUDSON, Judge.

Appellant-condemnor City of Moorhead (city) acquired the right to provide utility service to an area within the service territory of respondent Red River Valley Cooperative Power Association (Red River). On appeal from the award of damages to Red River, the city argues that (1) the district court misapplied Minn.Stat. § 216B.47 when it determined that the statute's reference to four non-fair-market-value factors for calculating...

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