[mou] Ruling in Pilot Knob Case

[Bruce M. White]

Dakota Judge Rules Against Developer in Pilot Knob Case

In a ruling handed down on May 19, 2004, Dakota County District Court 
Judge Robert King has ruled against several landowners and the proposed 
developer of a 157-unit housing development on Pilot Knob, southeast of 
the Mendota Bridge.

On January 29, 2004, Minnstar Builders and the landowners Allen and 
Buttenhoff filed suit against the City of Mendota Heights seeking 
approval of the Pilot Knob building project and damages. A court hearing 
was held on April 22 in Hastings.

Minnstar Builders proposed a 157-unit housing development for the north 
end of Pilot Knob in November 2002. In December citizens petitioned for 
an Environmental Assessment Worksheet (EAW), which the City of Mendota 
Heights ordered in January 2003. In November 2003 after the EAW was 
completed, the City of Mendota Heights ordered an Environmental Impact 
Statement (EIS).

In court the developer and landowners argued that under Minnesota’s 
60-day rule, the City of Mendota Heights should have made a decision on 
the developer’s proposal by March 2003, notwithstanding a provision of 
the Minnesota Environmental Policy Act which has been taken by many 
courts and agencies mean that the timeline of the 60-day rule does not 
apply during an environmental review. They argued that they should be 
given automatic approval because of the lack of a decision within 60 days.

In his decision Judge King stated that “the legislature intended to keep 
the ‘automatic approval’ clock from running during an environmental 
review. Any other conclusion would render a good deal of the MEPA 
meaningless, or at least non-functional.”

The area of the proposed development is part of Oheyawahi or Pilot Knob 
a hill of sacred and historic importance, found eligible for the 
National Register of Historic Places in January 2004. More information 
is available at www.pilotknobpreservation.org