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CITY OF BAXTER v. CITY OF BRAINERD

A19-0097.

932 N.W.2d 477 (2019)

CITY OF BAXTER, Respondent, v. CITY OF BRAINERD, et al., Appellants.

Court of Appeals of Minnesota.

Filed July 15, 2019.

Attorney(s) appearing for the Case

George C. Hoff , Jared D. Shepherd , Hoff Barry, P.A., Eden Prairie, Minnesota (for respondent).

John M. Baker , Holley C. Horrell , Greene Espel PLLP, Minneapolis, Minnesota (for appellants).

Considered and decided by Larkin, Presiding Judge; Bratvold, Judge; and Slieter, Judge.

OPINION

The City of Brainerd and Brainerd Public Utilities Commission (BPUC) challenge the district court's determination that the City of Baxter may impose a revenue-raising franchise fee on a municipally-owned utility. Because Baxter does not have statutory authority to impose its franchise fee on BPUC, we reverse and...

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