Minneapolis Gas Co. v. Zimmerman

Matson, Justice.

Defendant appeals from a summary judgment granted to plaintiff upon the pleadings and stipulated facts.

This action was initiated by plaintiff’s petition asking for declaratory relief adjudging Ex. Sess. L. 1957, c. 4 1 (hereinafter referred to as the Reimbursement Act), to be constitutional, and further praying for a peremptory writ of mandamus to compel the defendant, as commissioner of highways for the State of Minnesota, (a) to ascertain, as required by said act, the cost of relocating plaintiff’s utility facilities, (b) to certify the cost thereof to the Bureau of Public…