by Erin Johnson
Thisweek Newspapers

The city of Eagan agreed to a lawsuit settlement with golf course owner Ray Rahn and developer Wensmann Homes that could result in housing on Carriage Hills Golf Course.

The Eagan City Council unanimously approved the settlement agreement at its Nov. 29 meeting.

While a housing plan hasn't been approved yet -- Wensmann still has to submit a new proposal to be voted on by the City Council -- supporters of the golf course expressed anger and betrayal at the city's decision to settle.

"They basically lost tonight. By giving in, they lost,î said Jim Taylor, a member of the Carriage Hills Coalition, a local activist group.

Rahn and Wensmann sued the city after it denied a land use change to allow housing on the golf course, which Rahn said is no longer financially feasible. A judge ruled against the city, ordering it to either purchase the land or allow development.

The city appealed the decision because, as Mayor Pat Geagan said at the time, the city's comprehensive guide plan is "worth fighting for.î

The land is currently guided for public and quasi-public facilities.

But council members expressed concern that if the city were to lose the appeal, it could set a dangerous precedent with city and state-wide repercussions.

"If we don't prevail, if other golf courses in this community or others find themselves in the same situation as Carriage Hills, our hands as a council are even more tied because that's binding precedent,î he said. "That is a risk that I'm not willing to take.î

George Hoff, the city's attorney, said that losing the appeal could have other negative consequences for the city: it would allow a third-party judge to make land use decisions, and the city would have to pay damages.

But members of the Carriage Hills Coalition, who have been fighting development on the golf course for the past decade, believe the risk of an appeal was worth taking. They worry more about the precedent the council is setting by agreeing to settle.

"They proved that all you have to do is scare the city. You just have to out-lawyer them,î Taylor said. "I think the will of the citizens of Eagan, which was so clearly demonstrated, was completely disregarded.î

Jill Nichols, who lives near Carriage Hills, said she and her husband specifically looked into the land use designation of the golf course before moving to the neighborhood.

"We relied on zoning when we built our house,î she said.

Taylor said he expects members of his group will file lawsuits against the city in response to the settlement.

Hoff said the settlement does not indicate approval of any project; it simply outlines a process. The council can still deny the proposal, in which case the lawsuit would continue on to the court of appeals.

Wensmann's new proposal still has 480 units of mixed-type housing on the 120-acre property, but it now has 30 acres set aside for a 9-hole, public golf course.

The proposal is scheduled to go before the Planning Commission Dec. 27.

Erin Johnson is at eagan.thisweek@ecm-inc.com.

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