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You can download CyberLink YouCam 9 with the link here . 373 N.W.2d 157 (1985) TOWN OF SPICEWOOD, Appellant, v. Harold BARR, Jr., d.b.a. Barracuda Motors, Respondent. No. CX-85-79. Court of Appeals of Minnesota. October 29, 1985. *158 Robert F. Peterson, Moore, Costello & Hart, St. Paul, for appellant. William T. Rhea, Bigelow & Rhea, Northfield, for respondent. Considered and decided by POPOVICH, C.J., and SEDGWICK and LOMMEN, JJ., without oral argument. OPINION LOMMEN, Judge. Appellant town is appealing from a judgment finding it liable to respondent under the dealer franchise law, Minn.Stat. §§ 168.03 to 168.17 (1984), for an unpaid franchise charge. The main issues on appeal are whether the franchise charge statute is applicable to appellant, and whether a temporary injunction is a prerequisite to suit for a franchise fee under the statute. We reverse. FACTS Respondent Harold Barr, Jr. owns and operates Barracuda Motors in Spicewood, Minnesota. The town of Spicewood granted respondent the use of a municipal water system in 1967 and a sewage connection in 1975. Respondent has a state dealer’s license which was not renewed on August 31, 1984. In early December 1984, the town council of Spicewood determined that respondent’s water and sewage connections were in violation of the town’s franchise ordinance. As a result, respondent was not allowed to sell new vehicles until the connection violations were corrected. Respondent, however, paid the water bill and sewage bill for the period from December 1, 1984 until the present. The town has informed respondent that the franchise charge is due for the period from August 31, 1984 until the present. Respondent, as of the date of trial, had sold approximately 400 vehicles, ranging from small utilities to larger pickup trucks. ISSUE Does the franchise fee statute apply to a town or county which grants a franchise to a manufacturer? ANALYSIS The franchise fee statute, Minn.Stat. § 168.091, subd. 1, provides: [A]ny governing body of any city or town which grants a franchise to a manufacturer of motor vehicles shall charge a franchise fee * * * for each such franchise. * * * No franchise fee shall be charged against any city or town except as provided in this section. The statute gives governing bodies of cities and towns the option of charging a franchise fee to any manufacturer of motor vehicles. The trial court found that the statute applies to towns as well as cities, and the town has not challenged this ruling. *159 This case is similar to the case of Sturgis v. St. Cloud State Univ., 291 N.W.2d 639 (Minn.1980). In Sturgis, St. Cloud State University, as a concessionaire, entered into a lease agreement with a theatre concessionaire. The lease was approved by the university’s board of regents, and the only question involved was the percentage of the income that would be retained by the university. The court in Sturgis stated: Like the legislature in enacting section 168.091, subd.
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