Experience

Court Decision Confirms Met Council's
Authority Over Local Governments

By Andrew Jacobson

In a recent Minnesota Court of Appeals case, the court confirmed the Metropolitan Council's statutory authority under the Metropolitan Land Use Planning Act (MLPA) to require local cities within the Met Council's jurisdiction to conform their local comprehensive plans with Met Council established regional planning guidelines. At the heart of the dispute between the Met Council and the City of Lake Elmo, was the conflict between Lake Elmo's desire to protect and retain its rural character and the Met Council's desire to have adequate utility infrastructure to accommodate projected development along the I-94 corridor. In this case, the Met Council determined that Lake Elmo's comprehensive plan, particularly the portions of that plan pertaining to future sewer service expansion, could not accommodate projected development in the area and thus was at odds with the Met Council's established systems plan. As a result the Met Council adopted a resolution requiring Lake Elmo to modify its comprehensive plan to be consistent with the Met Council's guidelines. In response to Lake Elmo's challenge that the Met Council had overstepped its proper authority, the court determined that the Met Council had acted within its authority under the MLPA and that Lake Elmo had the obligation to modify its comprehensive plan as directed by the Met Council.

Andrew Jacobson is a partner and the head of Maslon's Real Estate Group. His practice covers a broad range of commercial real estate issues, with particular focus on commercial leasing, land use, telecommunications, and construction-related agreements. Andy is a frequent author and speaker on real estate subjects. He is a member of both the Minnesota and California bars, and is a registered architect.