by Erin Johnson
Thisweek Newspapers

The city of Eagan has the right to deny a land use change that would allow housing on Carriage Hills Golf Course, the Minnesota Court of Appeals ruled Tuesday.

The city's denial was rational, according to the decision, because the property has been used as a golf course since 1967, the city had updated its plan in 2001, and the record indicates that Eagan citizens value open space.

"In light of the city's broad and substantial interests, any harm to the individual property owner in maintaining the existing restriction does not appear to be one that should be borne by the entire community,î the decision stated.

The appeals court decision reverses an earlier district court ruling that ordered the city to allow housing on the golf course or buy the property through eminent domain.

The city appealed that decision after the Minnesota Supreme Court in January sided with the city of Mendota Heights in its battle against a housing development on a golf course.

Eagan City Administrator Tom Hedges said this decision affirms that citizens and cities have the right to determine the content of their own comprehensive guide plans.

"The owners of Carriage Hills knew it was zoned for recreation when they bought it, and did not have a reasonable expectation to sell it for another use without a comprehensive guide plan amendment,î he said.

Carriage Hills owner Ray Rahn and developer Wensmann Homes sued the city after it denied a land use change to allow 480 units of housing on the 120-acre property, which is guided for parks, open space and recreation.

Rahn has maintained that he has lost hundreds of thousands of dollars because a golf course is no longer viable on that property.

Christopher Penwell, Rahn and Wensmann's attorney, said he doesn't think this is a good outcome for the residents of Eagan or for his clients.

Penwell said that before the city decided to appeal, it had reached a good compromise with his clients that would have kept a nine-hole golf course on the property and also allowed for housing.

"As it stands now, the golf course isn't even open and the grass is turning into weeds,î he said. "That doesn't benefit the city -- it's just an eyesore.î

Penwell said his clients will appeal the decision to the State Supreme Court.

But members of the Carriage Hills Coalition, a local protest group who have been fighting development on the golf course for years, said they are thrilled with the court's decision.

"This has reinstated my faith in the judicial system,î said Jim Taylor. "Now we're going to press the city to come up with a long-term solution for this plan.î

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

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