Carriage Hills lawsuit draws statewide attention
Erin Johnson, Thisweek Newspapers
Published June 16, 2005
Two Minnesota organizations are joining Eagan to protest a judge’s decision that would allow housing on Carriage Hills Golf Course.
Golf course owner Ray Rahn and developer Wensmann Homes won a lawsuit against the city after it refused to change its guide plan to allow housing on the property.
Judge Patrice Sutherland ordered Eagan in April to change the use of the golf course property or begin the process of eminent domain to acquire it.
The city has appealed that decision, stating that the comprehensive guide plan is “worth fighting for.”
The Met Council and the League of Minnesota Cities (LMC) agree. The groups are requesting permission to file amicus briefs, which would highlight their support of Eagan’s position to the court.
Both groups believe the judge’s ruling could have statewide impact.
“We think there are important issues in this case that could affect other cities in Minnesota,” said Susan Naughton, attorney for the LMC.
The LMC is requesting to file a joint amicus brief with the Community Rights Counsel, a nonprofit public law firm in Washington, D.C., that assists government officials in defending against constitutional challenges.
The two groups argue that their participation would provide a broader perspective about how the court’s decision will impact hundreds of local governments throughout the state.
“We want to confirm that it is city councils, and not courts, that have authority over comprehensive guide plan amendments,” Naughton said. “And we want to confirm that a city council’s decision to deny an amendment does not result in an unconstitutional taking.”
The Met Council has no particular interest in the local issue of the golf course, said attorney Andrew Parker, but it does have an interest in the broader implications of the judge’s decision.
The Met Council argues that it has been granted statutory responsibility to coordinate land use planning in the Twin Cities area, and that the judge’s order circumvents its role in the planning process.
Currently, all guide plan changes must be approved by the Met Council, which is required to look at the impacts of comprehensive guide plans on entire systems, like transportation, wastewater collection and parks.
“This decision, depending on how it’s written, could have an impact on the (Met) Council’s authority over regional planning issues,” Parker said. “We just want to make sure the court has the law in front of it regarding these issues when it writes its opinion.”
Eagan City Administrator Tom Hedges said the city is “very encouraged” by the amicus briefs.
“The integrity of the comprehensive guide plan process is really at stake here,” said Eagan City Administrator Tom Hedges. “It’s important not only to the city of Eagan, but to the Met Council, which reviews and approves comprehensive guide plans. It’s also important to other cities, whose officials determine the comprehensive guide plans and whose residents rely on those plans.”
Wensmann wants to build 480 units of housing on the 120-acre golf course, and Rahn wants to sell the property that he said has cost him hundreds of thousands of dollars.
The judge agreed that a golf course is no longer viable on the property, saying the burden on Rahn is grossly disproportionate while the city receives the benefit of property for which it did not pay.
The city filed an appeal of Sutherland’s decision in May.
