Minneapolis cannot enforce its controversial long-range plan eliminating single-family zoning, but it could do so in the future if it meets certain conditions, a Hennepin County district judge ruled Wednesday in a lawsuit brought by a trio of environmental organizations.
Judge Joseph Klein left open two routes by which Minneapolis could continue to enforce the sweeping 2040 plan that drew national attention as one of the most progressive policies in the nation, seeking to increase density amid a housing crunch. The city could use the plan if it “satisfies” requirements outlined in the Minnesota Environmental Rights Act (MERA) or “prevails in establishing an affirmative defense.”
“While this may no doubt create no small amount of short-term chaos — which the court does not take lightly — this court is inclined to agree that, under MERA, no other action by the court would properly address or remedy the likely adverse environmental impacts of the 2040 Plan,” Klein wrote in a 28-page order.
Keith Olstad, President of the Audubon Chapter of Minneapolis, one of the groups that brought the lawsuit, said: “We’ll wait to see what the city wants to do. Our hope would be that the city would say, ‘Yes, we recognize we should have done this from from the get-go, and we’ll do the appropriate environmental assessment of the 2040 plan to make the adjustments needed and return it to the City Council.’”
In a statement Wednesday night, Deputy City Attorney Erik Nilsson said: “We are still reviewing the order and, while we anticipate filing an appeal, will consider all options.”
— Susan Du and Liz Navratil, Star Tribune