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Minn-Kota Ag Products, Inc. v. N.D. Public Service Commission, et al.

Docket No. 20190127
Oral Argument: Wednesday, October 30, 2019 10:00 AM

Docket Info

Title
Minn-Kota Ag Products, Inc., Appellant
v.
North Dakota Public Service Commission,
Dakota Valley Electric Cooperative, Inc.,
and Otter Tail Power Company, Appellees
Case Type
CIVIL APPEAL : ADMINISTRATIVE PROCEEDING
Appeal From
Case No. 2018-CV-01142
South Central Judicial District, Burleigh County
David E. Reich
2020 ND 12938 N.W.2d 118
Oral Argument 10/30/2019

Highlight

Any person who is directly interested in the proceedings before an administrative agency, who is factually aggrieved by the decision of the agency, and who participates in the proceedings before the agency is a party and has standing to appeal from the decision of the agency.

Standing does not extend to merely nominal parties who are not aggrieved.

Appellate review of PSC findings of fact is limited to whether a reasoning mind reasonably could have determed that the factual conclusions reached were proven by the weight of the evidence from the entire record.
We review an administrative law judge’s denial of a petition to intervene under the same standard as we review an agency’s decision.

Simply having a substantial interest in or being substantially affected by the outcome of an agency proceeding is not a showing of good cause to intervene late.


Briefs

Filing Date Description
07/18/2019 APPELLANT BRIEF View
08/16/2019 APPELLEE BRIEF - PUBLIC SERVICE COMMISSION View
08/19/2019 AMENDED APPELLEE BRIEF - DAKOTA VALLEY ELECTRIC COOPERATIVE, INC. (REPLACES BRIEF FILED 8/16/19) View
08/30/2019 REPLY BRIEF View

Counsel

Party Type Name
APPELLEE SPEC. ASST. ATTY. GEN. Zachary Evan Pelham - 05904
APPELLEE PRIVATE PRACTICE Cary Roger Stephenson - 05017
APPELLEE PRIVATE PRACTICE Kimberly Joy Radermacher - 05856
APPELLANT PRIVATE PRACTICE Loren Lee Hansen - 08233

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 04/18/2019 NOTICE OF APPEAL : 04/18/2019
2 04/22/2019 ORDER FOR TRANSCRIPT : 04/24/2019
3 04/22/2019 Rec'd $125.00 filing fee
4 04/23/2019 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
5 04/23/2019 Notice Served on Loren L. Hansen, Zachary E. Pelham, Kimberly J. Radermacher & Cary R. Stephenson
6 05/01/2019 Disk - Administrative Hearing Transcript dated 12/20/17 (Hand Delivered)
7 05/01/2019 Administrative Transcript dated 10/23/17 (Hand Delivered - disk)
8 05/01/2019 Administrative Transcript dates 2/5/18 (Hand Delivered - disk)
9 05/21/2019 ELEC. RECORD ON APPEAL DATED MAY 20, 2019 (ENTRY NOS. 1-153)
10 06/03/2019 ELECTRONIC TRANSCRIPT DATED NOVEMBER 26, 2018 & C.O.S.
11 07/12/2019 Rec'd non-compliant ATB (over page limit) requested revision.
12 07/12/2019 APPELLANT APPENDIX
13 07/18/2019 APPELLANT BRIEF View
14 07/18/2019 Oral Argument Request by Appellant
15 07/23/2019 Rec'd 6 copies of ATB/ATA from Central Duplicating
16 08/16/2019 APPELLEE BRIEF - DAKOTA VALLEY ELECTRIC COOPERATIVE, INC. (AMENDED BRIEF FILED 8/19/19)
17 08/16/2019 APPELLEE BRIEF - PUBLIC SERVICE COMMISSION View
18 08/16/2019 Oral Argument Request by Appellee (PSC)
19 08/19/2019 Rec'd copies of AEB-DVEC from CD
20 08/19/2019 AMENDED APPELLEE BRIEF - DAKOTA VALLEY ELECTRIC COOPERATIVE, INC. (REPLACES BRIEF FILED 8/16/19) View
21 08/19/2019 Oral Argument Request by Appellee - Dakota Valley Electric Coop.
22 08/19/2019 JOINDER WITH MINN-KOTA AG PRODUCTS - STATEMENT OF APPELLEE OTTER TAIL POWER COMPANY View
23 08/21/2019 Rec'd non-substantive corrections to AEB-PSC
24 08/22/2019 Rec'd copies of AEB-PSC from CD
25 08/28/2019 Rec'd 6 copies of amended AEB-DVEC from central duplicating
26 08/30/2019 REPLY BRIEF View
27 09/05/2019 Rec'd 6 copies of RYB from CSD
28 10/30/2019 APPEARANCES: Loren Hansen/Zachary Pelham/Kimberly Radermacher
29 10/30/2019 ARGUED: Hansen/Pelham/Radermacher
30 10/30/2019 Case argued at UND School of Law
31 01/23/2020 DISPOSITION
32 01/23/2020 UNANIMOUS OPINION : VandeWalle, Gerald W. View
33 01/23/2020 By Order of the Court, costs to neither party
34 01/24/2020 Order/Judgment Sent to Parties
35 02/20/2020 MANDATE
36 02/28/2020 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE