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Minnesota Housing News
Anika Besst

2040 plan continues after Minnesota Supreme Court decides not to look into lawsuit

An apartment under construction overlooking the Mississippi Rier
A bedroom and living space on the 16th floor of the Landmark Towers building in St. Paul overlooking the Mississippi River.
Anika Besst | MPR News

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Minneapolis city officials are hailing a decision issued earlier this week by the Minnesota Supreme Court to deny a petition for review by environmental groups who are concerned about the city’s 2040 Comprehensive Plan.

The 2040 Plan increases density in the city and ends single-family zoning.  

Citizen groups Smart Growth Minneapolis and the Minnesota Citizens for the Protection of Migratory Birds filed the lawsuit alleging that city leaders failed to do the required environmental review. And they argue that the dense, urban development allowed by the plan could adversely impact the health of waterways and bird habitats. 

Supporters of the plan say it addresses crucial issues for the city.

“[The] decision allows our city to continue our work to desegregate Minneapolis neighborhoods and build a diversity of housing options in every community,” said Minneapolis Mayor Jacob Frey in a statement. “It’s been a long time coming, and I am thankful Minneapolis can continue advancing our nation-leading housing work.”

The court’s decision does not end the lawsuit. The city is still trying to have the suit dismissed.

“The groups’ goal is simply to first and foremost call out the massive environmental impact," said plaintiff attorney Jack Perry.

The Minnesota Supreme Court ruled in favor of the citizen groups in 2021. The ruling said that residents could sue over comprehensive plans proposed by the local government under the Minnesota Environmental Rights Act. The 2040 plan then faced setbacks related to project suspensions and re-starts. 

The 2040 Plan and its stalled projects were able to be picked up after a May ruling in an appeals court said that getting rid of the plan entirely would create “unnecessary hardship.”