Legal Opinion

In re Qwest Corp.

Court of Appeals of Minnesota

Decided September 24, 2018No. A18-0207Published

1Opinion of the CourtSchellhas, Judge

In this certiorari appeal, relator-railroad challenges a decision made by respondent Minnesota Public Utilities Commission allowing respondent-utility to proceed with a crossing application submitted to relator *581under Minn. Stat. § 237.045. Because we reject relator's constitutional challenges to section 237.045 and conclude that the statute applies to respondent-utility's crossing application, we affirm the commission's decision.

FACTS

In May 2014, respondent Qwest Corporation d/b/a CenturyLink QC (CenturyLink) submitted an application to relator BNSF Railway Company (BNSF) to lay underground…

2Cases cited16 opinions

  1. Williamson County Regional Planning Commission v. Hamilton Bank of Johnson CitySupreme Court of the United States · 1985
  2. Loretto v. Teleprompter Manhattan CATV Corp.Supreme Court of the United States · 1982
  3. American Family Insurance Group v. SchroedlSupreme Court of Minnesota · 2000
  4. Contested Cases of St. Otto's Home v. Minnesota Department of Human ServicesSupreme Court of Minnesota · 1989
  5. Williams v. National Football LeagueCourt of Appeals for the Eighth Circuit · 2009

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