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Panel to Friends of the Riverfront: A Writing is Guaranteed, Not a Hearing

By Eric L. Lipman

In an interesting published opinion issued yesterday, a panel of the Minnesota Court of Appeals turned away a challenge to the issuance of a Certificate of Appropriateness by the Minneapolis City Council. A local advocacy group, Friends of the Riverfront, and others, challenged the Council?s issuance of the Certificate ? which is a key step in DeLaSalle High School?s plans to construct an athletic facility next to the school?s campus on Nicollet Island.

The Friends challenged the Council?s action, in part, on the grounds that the Council did not undertake a full evidentiary hearing, for the receipt of testimony from live witnesses, presided over by an independent hearing examiner. Instead, the Council received and reviewed written submissions from interested persons on the propriety of granting the Certificate.

Holding that the only procedural safeguards guaranteed to the parties to this proceeding were the rights to ?present evidence and legal argument,? the appellate panel concluded that written submissions were ?sufficient to permit the city council to evaluate the appropriateness of the development.? Accordingly, the panel affirmed the lower court?s dismissal of the Friends? suit.

The panel?s complete analysis, on all of the Freinds' claims, is accessible here.

Full post as published by Within the Scope on June 25, 2008 (boomark / email).