MOORHEAD v. RED RIVER VALLEY CO-OP. POWER

No. A11-0705.

830 N.W.2d 32 (2013)

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

Supreme Court of Minnesota.

May 1, 2013.


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. , Sara Gullickson McGrane , Jessica M. Marsh , Felhaber, Larson, Fenlon, & Vogt, P.A., Saint Paul, MN, for respondent.

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

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

Richard J. Johnson , Valerie M. Means , Jeff Y. Lin , Moss & Barnett, Minneapolis, MN, for amici curiae Otter Tail Power Company, Minnesota Power, Interstate Power and Light Company, Northern States Power Company, Great River Energy, and Minnesota Rural Electric Association.


OPINION

ANDERSON, G. BARRY, Justice.

We are presented here with issues arising out of the expansion of the City of Moorhead and the decision of the City to provide municipal electrical service to recently annexed territory. The City annexed Americana Estates, a residential subdivision with 65 metered electric service accounts. The City then filed a condemnation petition to begin municipal electric service to residents of Americana Estates under Minn.Stat...

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