Last November, the non-profit organization Neighbors for East Bank Livability (NEBL) filed suit in Hennepin County District Court challenging the proposed demolition of the former St. Anthony Commercial Club building, at 200 East Hennepin. That demolition was to be part of a major commercial/residential tower on the site, proposed by Alatus LLC, a local real-estate developer, and approved by the Minneapolis city council. In March, the trial was cancelled and the court issued a judgement dismissing objection to the building’s demolition. On May 18th, Judge Daniel Moreno agreed to a motion for a stay on condition that NEBL post a $100,000 security by Thursday, May 25. The City and Alatus had requested $6 million amount. The amount was posted by the deadline, preventing the demolition of the building while NEBL’s appeal is pending in the Minnesota Court of Appeals.
In granting the stay, Judge Moreno concluded that NEBL would suffer irreparable harm in the absence of a stay because the Commercial Club would be destroyed by the developer. The judge also concluded that the harm to NEBL—loss of an irreplaceable building—would be greater than the harm to the developer, Alatus, because the developer only stood to be harmed financially. The appeal challenges the district court’s dismissal of its claims under the Minnesota Environmental Rights Act, which gives citizens the right to challenge the destruction of state resources, which would include historic places. While the court acknowledged that the City may be harmed at some point with respect to the potential loss of property tax revenue, the court concluded that the loss of the Commercial Club is a greater harm.
Jeff Wright, NEBL treasurer, said, “The stay is a significant victory. We see this effort as a citywide example of our mission to foster responsible development…this is just part of a larger fight.”
Below: At 8:00 a.m. Friday morning, May 26, equipment was waiting, this and two pickup trucks and a car parked on the lot, people with hardhats inside. Apparently the contract for demolition was signed some time ago, and they hadn’t received the word yet on the stay. (Photo by Mark Peterson)
