Minneapolis 2040 plan won’t be reviewed by Minnesota Supreme Court

Mpls development projects resume after 2040 Plan ban temporarily halted

A plan that intends to guide residential development in Minneapolis for the next decade is back in play after being previously halted by environmental lawsuits.

MINNEAPOLIS (FOX 9) - The Minnesota Supreme Court has denied a petition to further review a lawsuit contending the Minneapolis 2040 plan – which seeks to increase housing availability by reducing zoning restrictions throughout the city.

What we know

A petition by Smart Growth Minneapolis, a Minnesota nonprofit corporation, asked the Minnesota Supreme Court to review its decision to halt the Minneapolis 2040 plan.

The lawsuit, in its third appeal, claims that the 2040 plan, would cause environmental damage by increasing residential density.

The 2040 ends single-family house zoning in favor of duplexes and triplexes.

Previously, an appeals court ruled that comprehensive plans were subject to the Minnesota Environmental Rights Act.

However, lawsuits against the Minneapolis 2040 plan were unable to prove direct violations within the act.

Minneapolis expansion efforts

Cities are required to submit a comprehensive, long-term plan to the Metropolitan Council every ten years.

As submitted, the Minneapolis 2040 has a wide range of goals that aim to help eliminate disparities, increase living-wage jobs, protect the environment and improve neighborhoods with better public transit, walking and biking areas, and access to healthy food and parks.

Consideration of the plan took place over a period of more than two years with the final plan being approved by the Minneapolis City Council in October 2019.

One priority for the plan that has come under criticism was to create more affordable housing in Minneapolis.

The plan has faced scrutiny for a ban on zoning for single-family homes in Minneapolis by 2040, instead replacing single-family structures with triplexes or quadplexes.

Challenges created

A lawsuit brought by Growth Minneapolis, the Audubon Chapter of Minneapolis and Minnesota Citizens for the Protection of Migratory Birds argued the plan could ultimately increase residential density in the city, and in turn increase the amount of water runoff and pollutants in its sewer system.

The Hennepin County District Court issued an injunction over the lawsuit brought forward by the groups, citing the Minnesota's Environmental Rights Act.

But the Minnesota Court of Appeals lifted the injunction that had blocked parts of Minneapolis' 2040 plan from moving forward.

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.