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 Minnesotas 60-day rule, the City of Mendota Heights should have made a decision on the developers 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
