by Erin Johnson
Thisweek Newspapers

The city of Eagan will appeal a judge's decision that would allow a housing development on Carriage Hills Golf Course.

The Eagan City Council spent weeks in closed sessions deciding whether to appeal Judge Patrice Sutherland's decision, which ordered the city to change the use of the land or begin the process of eminent domain to acquire it.

In a statement released last week, the council said that the comprehensive guide plan is worth fighting for.

"We, as elected officials, have a legal responsibility to protect the integrity of the city's comprehensive guide plan,î the statement read. "Otherwise there would be unrestrained and unplanned development.î

Eagan's attorney George Hoff said the city is challenging the ruling because the judge found the city's actions to be "arbitrary and capricious.î

"We don't agree with that. We think the city's actions were reasonable and should not have been overturned,î he said.

Golf course owner Ray Rahn and developer Wensmann Homes sued the city after it refused to change its guide plan to allow housing on the property.

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

Wensmann wants to build 480 units of housing on the property, and Rahn wants to sell the 120-acre golf course that he said has cost him hundreds of thousands of dollars.

Sutherland agreed that a golf course is no longer viable on the property, saying the burden on Rahn is grossly disproportionate while the city receives the benefit of property for which it did not pay.

Hoff said that the plaintiffs asked the city to reguide the property, but the judge ordered an immediate rezoning of the land as well, which is inappropriate.

"They applied for a comprehensive guide plan amendment. They did not apply for a rezoning of the property,î he said.

Christopher Penwell, attorney for Rahn and Wensmann, did not return phone calls.

While the ruling is not unprecedented, it is unusual and Eagan has a right to be concerned, said Tom Weaver, the Metropolitan Council's regional administrator.

The Met Council is also concerned and will be keeping a close eye the case and how it may affect the comprehensive planning process.

All guide plan changes must be approved by the Met Council, and land is typically zoned to be consistent with guide plans, not the other way around, he said.

The Met Council is required to look at the impacts of comprehensive guide plans on entire systems, like transportation, wastewater collection and treatment and parks, before approving them, he said.
It cannot approve a change that would overburden the systems, yet the ruling implies that the Met Council must approve an amendment that the city would be forced to submit.

That does not sit well with residents surrounding the golf course, who have lobbied for years to keep it free from development.

Members of local activist group the Carriage Hills Coalition, which formed in 1996 to oppose a similar development, are "thrilledî that the city is appealing, said Claudia Battaino.

The group sent e-mails and faxes and made phone calls to council members to encourage them to appeal.

"We've been telling as many people as possible that we want to keep this green space in Eagan,î she said. "It's kind of wait-and-see right now.î

Although the group was "completely shockedî by the judge's opinion, she said, members are remaining hopeful. "But I don't think that anything at this point will surprise us,î she said.

The City Council's statement can be viewed at www.cityofeagan.com. More information on the Carriage Hills Coalition can be found at www.carriagehills.org.

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

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