United States Eighth Circuit

Defendant had the authority to order plaintiff-utility to relocate its underground facilities in order to make way for the Hiawatha Light Rail Transit project in downtown Minneapolis, and utility must pay the costs of relocating the facilities.

Appellate Information

• Decided 02/20/2004
• Published 02/20/2004

Judges

• LAY, Circuit Judge., Before WOLLMAN, LAY, and RILEY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Timothy Robert Thornton, argued, Minneapolis, Minnesota (Thomas J. Basting, Jr, on the brief), for appellant.


• For Appellees:
  
• Donald J. Mueting, argued, for appellees Minnesota Department of Transportation, Elwyn Tinklenberg, and State of Minnesota., Lewis A. Remele, Jr., argued, (Charles E. Lundberg, Andrew L. Marshall, and Jessica Mason Pieklo, on the brief), for appellee Minnesota Metropolitan Council.