Legal Opinion
City of Rochester v. People's Cooperative Power Ass'n
Court of Appeals of Minnesota
Decided March 5, 1991No. Nos. C2-90-2141, C5-90-2148 and C5-90-2151PublishedCited by 1 opinion
1Opinion of the Court
OPINION
RANDALL, Judge.
The City of Rochester (City) appeals from an order dismissing its petitions to condemn portions of respondent’s, People’s Cooperative Power Association Inc. (Peoples), utility property. The trial court held it had jurisdiction to decide the controversy, but it declined to do so pursuant to the doctrine of primary jurisdiction. We affirm.
FACTS
The facts in this matter are undisputed. The City annexed a number of subdivisions within a service territory previously assigned by respondent, Public Utilities Commission (PUC), to Peoples. The City sought to extend utility service…
2Cases cited9 opinions
- Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907
- No Power Line, Inc. v. Minnesota Environmental Quality CouncilSupreme Court of Minnesota · 1977
- Mankato Citizens Telephone Co. v. Commissioner of TaxationSupreme Court of Minnesota · 1966
- Kollodge v. F. AND L. APPLIANCES, INC.Supreme Court of Minnesota · 1956
- Kearns v. Julette Originals Dress Co.Supreme Court of Minnesota · 1964
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3Cited by1 opinion
- Rochester v. PEOPLE'S CO-OP. POWER ASS'NCourt of Appeals of Minnesota · 1991