Earlier this year the City wrestled with a development proposal from a developer who wanted to convert the current Bent Creek Golf Course into a new residential development. The City did not grant the developer the approvals required to move their development plan forward. After not receiving the approvals, the developer threatened to sue the City. However, we’ve heard nothing from the developer in the ensuing months. Why?
We believe haven’t been sued or heard anything from the developer because there has been a case pending at the Minnesota Supreme Court called Wensmann Realty, Inc., et al., Appellants, vs. City of Eagan, Respondent. The Supreme Court finally ruled on the case last week. You can read the decision by clicking on this link: A05-1074.
The Minneapolis Star-Tribune newspaper did a short story about the decision in their July 13 South edition. Here’s what they said:
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Court says Eagan may prevent homes on golf course, compensation question remains
The city of Eagan had the right to deny a developer’s plans to build homes on the former Carriage Hills Golf Course, but it’s unclear whether the city must compensate the course’s owner for the value of the property as a result, according to the Minnesota Supreme Court.
The city of Eagan had the right to deny a developer’s plans to build homes on the former Carriage Hills Golf Course, but it’s unclear whether the city must compensate the course’s owner for the value of the property as a result, according to the Minnesota Supreme Court.
In a decision issued Thursday, Justice Lorie Gildea wrote that Eagan cited valid reasons for refusing to change city land-use plans to let Wensmann Realty build 480 homes on the 120 acres. The city and many residents argued that the golf course, which was closed in 2004, is valuable green space and that developing it would create traffic problems and overcrowd nearby schools. But the court ordered the case returned to District Court over the compensation question.
Golf course owner Ray Rahn and Wensmann, which signed an agreement to buy the property in 2004, contested the city’s decision. They said the property was no longer profitable as a golf course and argued that the city’s refusal to allow development forces the landowner to bear the economic burden of maintaining green space that benefits the entire community.
Rahn and Wensmann won in District Court in 2005, but the Minnesota Court of Appeals reversed the decision last year.
Eagan may have to pay for the property if it doesn’t want to allow development on the golf course, Gildea wrote, but only if Rahn has no other reasonable options for using the property. That’s an issue for the District Court, she wrote.
The city’s land use plan defines the golf course as parkland, where campgrounds, swimming pools, tennis courts and other recreational uses are also allowed.
Sarah Lemagie • 612-673-7557 • slemagie@startribune.com
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How all of this affects the proposal to redevelop the Bent Creek Golf Club in Eden Prairie is still unknown. City staff and legal counsel are reading the decision and conferring with other legal experts. We’ll figure it out, but it’s fair to say that the decision is a mixed bag. I would not be surprised to hear the words “Bent Creek” back in our Council Chambers later this year. Not surprised at all.
