City of Moorhead v. Red River Valley Cooperative Power Ass'n

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 damages precludes consideration of fair market value and, as a result, the jury instructions regarding damages erroneously excluded consideration…