AFTER THE EIS DECISION (ROUND 2)
January 19, 2023 - Our appeal is filed with the Minnesota Appellate Court.
September 13th, 2023 - Our case was heard in the Courts of Appeals. This hearing was in person (last one was via Zoom) in St. Paul and we attended with our lawyer, Marshall Tanick. While a video of the hearing is not available, you can listen to the audio here. It is just under 43 minutes long.
The appellate court has up to 90 days to issue a decision.
November 27th, 2023 - Appeal decision is released: REVERSED AND REMANDED
AGAIN. The full decision can be read here.
It's simple: they can not show there would not be significant potential impacts to wildlife or climate change. Those were the 2 items the Court of Appeals asked to be addressed in further detail in the last decision on April 26st, 2021. If they could show that, why didn't they? Additionally the recent decision discusses the complete exclusion of the impact from the airport - a key issue in the desire for this projects location.
At this time, it is official that 80 acres of the 230 the developer was planning to use is no longer available to him. He has had multiple opportunities to purchase the land he planned to use but never did.