Midland Glass Company, Inc. v. City of Shakopee

Todd, Justice.

Defendant Northern States Power Company (NSP) appeals from a summary judgment entered July 24, 1973, declaring the utility franchise granted to NSP by the city of Shakopee void. The trial court determined that a 7-percent surcharge to be collected by NSP from certain customers was unconstitutional. This holding is not challenged on this appeal. However, the trial court further found the surcharge provision to be so woven into the franchise grant as to require the entire franchise to be declared void, despite the existence of a severability clause in both ordinances involved. We…