With trees falling this past week at the Mississippi Dunes Golf Course, a new development has taken place that could put a stop to things, at least temporarily.
Filing a lawsuit in District 10 State Court March 19, Friends of Grey Cloud is seeking an injunction to stop work on Mississippi Landing II, now beginning.
Friends of Grey Cloud, which formed initially through sustained and longstanding opposition to the approved housing development, filed for an emergency temporary restraining order March 19. Although the emergency restraining order was denied, a lawsuit seeking injunctive relief (to stop development) will go forward, receiving an April court date. No explanation was given as to why the emergency restraining order was denied.
Made pursuant to the Minnesota Environmental Policy Act (MEPA), the Minnesota Environmental Rights Act (MERA) and the Federal Endangered Species Act, the lawsuit seeks to enjoin Rachel Development and the city from moving forward with the plat, including permits and site work awaiting decision in federal and state court. Among the species asserted as potentially affected by the development are the following:
• Rusty patched bumble bee (bombis affinis)
• Northern long-eared bat (Myotis septentrionalis)
• Blanding’s turtle (Emydoidea blandingii)
• Blanchard’s cricket frogs (acres blanchardi), and
• Higgins Eye Pearly mussel (Lampsilis higginsii)
As to Rachel Development, Finance and Commerce reported that they had paid $4.7 million for the property, platted for 377 houses, while the property was still listed to holding company Dunes LLC as of Monday March 25.
Attempts to reach Rachel Development for comment were unsuccessful before press time, with a separate tree consulting business with vehicles seen nearby denying that it was under contract for the property.
Asked for city comment on the lawsuit, The Journal was directed to the Feb. 21 statement by Mayor Myron Bailey. The statement in full is appended elsewhere in this issue.
Now in process, the lawsuit seeking injunction on the Mississippi Dunes heads before the court later next month.
Friends of Grey Cloud has secured $6 million for use with the nearby Dunes SNA.
