Eagle Brook Church approved by Plymouth officials following threats of lawsuit

PLYMOUTH, Minn. (FOX 9) - Following threats of legal litigation, if Plymouth City Council members denied a rezoning and conditional use resolution that would pave the way for its plans, city officials have approved Eagle Brook Church to construct a new location in Plymouth.

At its Jan. 9 meeting, the Plymouth City Council voted 4-2 to approve the resolution for Eagle Brook Church’s proposed property at 17910 Chankahda Trail, with additional conditions that include a right-in, right-out access on Chankahda Trail, a "softer look" for the backside of the building, and adjustments to landscaping to minimize its impact on neighbors. The proposed 64,000-square-foot building would include 685 parking spots.

Council Members Clark Gregor, Julie Peterson, Julie Pointner, and Mayor Jeff Wosje voted to approve the resolution, while Council Members Jim Willis and Alise McGregor voted against it. McGregor represented the Ward in which the project would be built.

"I can't get over the same issues I had in December, and so I'm not at a place where I can flip at this moment," McGregor said on Tuesday.

The Plymouth City Council previously signaled on Dec. 12 that it would not support the project by Eagle Brook Church, citing concerns over traffic issues and the loss of potential future affordable housing developments on the land, during a 6-1 vote to approve "findings of fact" to support its decision to deny the church's request.

But in a letter to the Council and Mayor Wosje written by CrossCastle PLLC – the law firm representing Eagle Brook – officials were asked to, "Consider applicable law and to approve the application," while saying, "If the Council chooses this regrettable course [of denial], Eagle Brook will pursue litigation."

"To be clear, Eagle Brook does not desire litigation," the statement reads, "And Eagle Brook hopes to positively contribute to this community for many years to come."

Eagle Brook Church followers have gathered at the Wayzata High School since 2018 and started searching for a new location in 2020 when it applied for a similar location in Corcoran. However, "Corcoran’s City Council denied permission to use the property in response to political pressure," according to the letter.

The letter alleges municipal officials have directed Eagle Brook Church staff not to pursue potentially suitable properties, "Simply because they would prefer commercial, rather than religious," uses at those sites.

"The result has been that, for years, Eagle Brook has been prevented from finding a long-term location where it can meet, preach, and worship. Because Eagle Brook hoped to avoid adversarial legal action, it has tried very hard to be patient in its search. However, its patience cannot continue forever," the letter says.

As an obligation to "serve its congregation," the letter says the church would be prepared to exercise its legal rights.

It goes on to explain several legal precedents, through which it believes, "There is no evidence before the [Plymouth] Council that Eagle Brook’s use will negatively impact any legitimate interest."

In the months before the recent vote, a petition circulated by residents gathered more than 3,500 signatures from residents who opposed the project.

Eagle Brook Church previously proposed its new location to be in Minnetonka following the Corcoran proposal denial, before withdrawing those plans as well following similar backlash.

Reaction

Changes appear to be on the way for homeowners in the west metro, as Eagle Brook Church makes efforts to break ground nearby.

"It’s going to kind of ruin the view," neighbor Zack Neren told FOX 9 on Wednesday. His neighbors are divided over what should happen to a section of farmland bordering their development.

"I would prefer homes over the church," Neren said. 

"I prefer a church over the house," Madhu Biswal said.

Plymouth is only the latest town to grapple with the issue after Eagle Brook tried and failed to build in Corcoran and Minnetonka. "There’s a reason why other cities have rejected their proposal. It’s very intrusive to a residential area," Neren said.

In Plymouth, a petition against the project garnered more than 3,500 signatures. Then, in December the Plymouth City Council voted six to one in favor of denying the church’s proposal, citing concerns about traffic.

"This area is not built to handle that kind of traffic flow.," Neren said. "It’s a residential area."

"It will definitely be a traffic increase, but not necessarily all the time," Biswal countered. 

Ahead of another vote this week, lawyers for Eagle Brook threatened to sue the city of Plymouth. Then on Tuesday, the proposal eventually passed in a four to two vote, with certain conditions.

"Additional conditions included a right-in right-out access on Chankahda Trail, a softer look for the backside of the building, and adjustments to landscaping to minimize impact on neighbors," Plymouth’s communications manager wrote. "Regarding the next steps, City staff and the applicant will finalize the three additional conditions. Eagle Brook Church will apply for a building permit and commence construction. Timing is yet to be determined."

Eagle Brook Church sent FOX 9 this statement on Wednesday:

"We are glad that the Plymouth City Council has reconsidered our application and approved our proposal for a campus along Chankahda Trail. We have been a part of this community for more than five years, hosting services two miles away at Wayzata High School. We look forward to continuing to serve the community and reaching people for Christ."

"The church has been denied in two cities already and surprisingly they didn’t sue them or threaten to sue them, so I think it was kind of a bluff," Neren finished. "How they’ve gone about their business probably is going to leave a bad taste in a lot of people’s mouth in this neighborhood."