Minneapolis officials have requested a District Court issue an injunction halting an order — which blocks them from enforcing the city's 2040 plan — from taking effect as its appeal is pending.
Last week, a Hennepin County district judge ruled in favor of groups who argued that the city's long-range plan eliminating single-family zoning would be a threat to the environment. Judge Joseph Klein issued an order barring the city from enforcing the plan until it meets certain requirements outlined in the Minnesota Environmental Rights Act (MERA) or "prevails in establishing an affirmative defense."
The city filed an appeal and an injunction request days after that ruling. In the 23-page motion and memorandum, the city argued that the order has already created "unnecessary" disruption and uncertainty to long-planned work and has forced city officials to delay consideration of several rezoning projects. Enforcement of the order could also open the door to increased lawsuits from property owners and developers to allow for their projects to proceed, the city argued.
In the request, the city has asked the court to determine the matter without a hearing on an expedited basis to mitigate those issues.
Mayor Jacob Frey was not available for an interview Thursday, but said in an e-mailed statement that the city will fight the court's ruling "because it's the right thing to do for our city."
The city's 2040 Comprehensive Plan drew national attention when it passed in 2018 and was quickly dubbed one of the most progressive housing policies in the nation. It eliminated single-family zoning, clearing the way for more duplexes and triplexes to be built. It allowed for the creation of "indoor villages" to increase the number of beds available for people experiencing homelessness. It also laid the foundation on which the city's transportation plan, zoning updates and a slew of other new ordinances were crafted, including those that would encourage wildlife and habitat protections.
The city contends that allowing the order to go into effect would roll back those initiatives and protections, requiring significant staff time and effort to bring the city's land use ordinances back to the status quo. It also argues that the order also exposes Minneapolis to multiple lawsuits from agencies and other actors seeking to compel it to comply with state statutes and city ordinances.
"A stay would allow these protections to continue, and possibly an ultimately more narrowly-crafted Order should one be determined necessary on appeal," the city said.