Northern States Power Co. v. Federal Transit Administration

LAY, Circuit Judge.

The Minnesota Department of Transportation (“MnDOT”) ordered Northern States Power, doing business as Xcel Energy (“Xcel”), to relocate its underground utility facilities beneath Fifth Street in downtown Minneapolis to make way for the Hiawatha Light Rail Transit project (“LRT”). Xcel filed suit for declaratory and injunctive relief, contesting MnDOT’s authority to give such an order and asserting that it was entitled to the costs of relocation of its facilities. The district court dismissed Xcel’s claims against all Defendants on summary judgment, holding that MnDOT had…