Minneapolis 2040 Legal Battle: Supreme Court Declines NIMBYs' Request To Review

Photo by Josh Hild on Unsplash

The Minnesota Supreme Court's decision not to review the environmental lawsuit against Minneapolis' 2040 Comprehensive Plan marks a pivotal moment in a six-year YIMBY saga.

Why it matters: This development is a win for the city and those who want to increase housing affordability, but it doesn't end the lawsuit entirely.

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Key details:

• The 2040 Plan, lauded by urbanists nationwide for ending single-family zoning, faced opposition from NIMBY groups claiming that the plan doesn't include environmental impacts of increased density.

• Court orders have repeatedly suspended and restarted 2040-related projects.

• New housing construction in Minneapolis has been thrown into limbo.

• An appeals court reinstated the plan in May, citing "unnecessary hardship" if thrown out entirely.

Between the lines:

• According to attorney Jack Perry in the case documents, the lawsuit's goal was not to punish the city but to ensure proper environmental review of the plan.

• Smart Growth Minneapolis, Minnesota Citizens for the Protection of Migratory Birds, and the Audubon Chapter of Minneapolis initiated the lawsuit in 2018.

The backstory:

• In 2021, the Minnesota Supreme Court ruled that residents could sue local governments' comprehensive plans under the Minnesota Environmental Rights Act (MERA).

  • This ruling allowed challenges to comprehensive plans, even though they are theoretical and lack details of individual development projects.

Legislative efforts:

• The city of Minneapolis and the Minnesota Chapter of the American Planning Association worked to change state law.

  • They sought to define the adoption of municipal comprehensive plans as conduct that would not cause pollution under MERA, exempting them from environmental reviews.

  • Environmental groups opposed a 2023 bill as "needlessly broad" but supported a 2024 version protecting plans from density-based challenges.

• The law passed in the 2024 legislative session attempts to protect Minneapolis and St. Paul's current plans from MERA legal challenges.

What's next: As the case returns to the district court, where:

• The city will attempt to dismiss the lawsuit.

• NIMBYs are expected to ask GOP-affiliated Judge Joseph Klein for a new remedy following their previous summary judgment victory.

Bottomline: While the Supreme Court's decision is a step forward for the city, the legal battle over the Minneapolis 2040 Plan is far from over, with potential implications for urban planning and environmental review processes.

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