City Prevails in Carriage Hills Decision
Court of Appeals Upholds City Land Use Decision
City of Eagan
Published May 23, 2006
The Minnesota Court of Appeals has ruled in favor of the City of Eagan’s land use decisions regarding Carriage Hills golf course and reversed a lower court’s ruling for a developer who wanted to put housing on the 120-acre site.
Eagan City Administrator Tom Hedges issued the following statement:
Eagan is pleased and gratified by the Court's ruling which affirmed that citizens and cities have the right to determine the content of their own Comprehensive Guide Plans. The owners of Carriage Hills knew it was zoned for recreation when they bought it, and did not have a reasonable expectation to sell it for another use without a Comprehensive Guide Plan Amendment. The Appeals Court's ruling was clear:
“The historic use of the property as a golf course, the recent update of the comprehensive plan, and the public hearing comments indicating that citizens valued the open space and recreational opportunities provided by the golf course supported the conclusion that a 'municipality has legitimate interests in protecting open and recreational space, as well as reaffirming historical land use designations.'”
Eagan wishes to thank the many parties who joined this case on our behalf. The Met Council, League of Minnesota Cities, and the Community Rights Counsel have helped preserve an important principle: local decision-making regarding local land use planning. We also want to thank neighbors and Eagan residents for their patience as this issue played out in the courts.
The ruling means that Wensmann Realty cannot now develop on the site without City approval to modify the current land use designation. The property is presently guided as park and recreation open space under the City’s Comprehensive Plan. The property must be utilized consistent with that comprehensive plan.
Link to the court opinion.
Contact: Tom Garrison
Director of Communications
Office (651) 675-5008
