ZONING & PLANNING - MINNESOTA

State by Smart Growth Minneapolis v. City of Minneapolis

Supreme Court of Minnesota - February 10, 2021 - N.W.2d - 2021 WL 485400

Advocacy groups filed complaint alleging city’s scheduled approval of comprehensive plan violated Minnesota Environmental Rights Act (MERA), and seeking declaratory and injunctive relief.

The District Court granted city’s motion to dismiss the complaint. Advocacy groups appealed. The Court of Appeals affirmed. Advocacy groups appealed.

The Supreme Court held that on issue of first impression, advocacy groups stated city’s scheduled approval of comprehensive plan under Metropolitan Land Planning Act likely would cause materially adverse environmental effects in violation of MERA.

Advocacy groups stated city’s scheduled approval of comprehensive plan under Metropolitan Land Planning Act (MLPA) likely would cause materially adverse environmental effects in violation of Minnesota Environmental Rights Act (MERA), on allegations that presumed full build-out of plan likely would increase rate and volume of storm-water runoff, threaten sanitary sewer systems and water supply, reduce wildlife habitat, and diminish air quality; although plan was planning document for city that could be amended, it would control city’s land use because any zoning ordinances in conflict with plan would have to be brought into compliance with it.



Copyright © 2021 Bond Case Briefs | bondcasebriefs.com