In a file it under “things that make you scratch your head” moment, a Hennepin County judge ruled last week the city of Minneapolis had to stop implementing its 2040 plan and revert to the 2030 plan.
For those who don’t remember, among other things, Minneapolis’ 2040 plan did away with single-family zoning. The city hoped this would result in the creation of more multi-family housing and additions of Accessory Dwelling Units (ADUs).
Judge Joseph Klein ordered the ongoing implementation of the parts of the plan involving residential development be halted as the plan itself is an ongoing violation of the Minnesota Environmental Rights Act.
It seems right the plan has been getting pushback from environmental organizations since 2019 when a lawsuit was filed by environmental organizations like Smart Growth Minneapolis and Minnesota Citizens for the Protection of Migratory Birds. The groups claim the total impact of the 2040 plan would reduce the amount of greenspace available for wildlife as well as pollute public waters.
The city’s point of view was the Minnesota Environmental Rights Act (MERA) applied to individual development projects, not a city’s comprehensive plan. As a result, the city failed to provide evidence the plan would not impact the environment. So, Klein put a stop to it.
Klein has given the city the opportunity to make sure the 2040 plan is in compliance with MERA and to address and remedy any environmental concerns.