Court lifts injunction on Minneapolis 2040 plan
(FOX 9)
MINNEAPOLIS (FOX 9) - The Minnesota Court of Appeals has lifted an injunction that had blocked parts of Minneapolis' 2040 plan from moving forward.
The Hennepin County District Court issued the injunction over a lawsuit brought by environmental groups who claim the plan would violate Minnesota's Environmental Rights Act.
The lawsuit, in its third appeal, claims that the 2040 plan, which would increase housing availability in the city, would cause environmental damage by increasing residential density.
The 2040 plan ends single-family house zoning in favor of duplexes and triplexes. Under the previous court ruling, the city would have had to revert to its 2030 plan.
However, the Court of Appeals found that the district court overstepped its authority in its decision, putting the burden of proof on the city instead of the plaintiffs.
Efforts are also underway in the state legislature to bring an end to the lawsuit. The Minnesota Supreme Court previously ruled that comprehensive plans were subject to the Environmental Rights Act. Legislation passed by the Minnesota House last week would exempt comprehensive plans by metro cities from environmental reviews. That piece of legislation still needs approval from the Senate.
In a statement to FOX 9 from his office, Mayor Frey wrote: "The battle we’ve been fighting in the courts highlights the clear need for a change in state law. Today’s news is a step in the right direction, and we are appreciative of legislative efforts to act in providing clarity for not only Minneapolis but for cities across Minnesota."