COTTAGE GROVE, Minn. — A controversial housing development in the east metro may have another hurdle to clear.
On Tuesday evening, the group opposing its plans, Friends of Grey Cloud, filed a lawsuit to prevent construction from starting near the Mississippi River. The group says they're filing the lawsuit under the Minnesota Environmental Police Act, the Minnesota Environmental Rights Act and the Federal Endangered Species Act.
In the lawsuit, the group also requested an emergency temporary restraining order (TRO) to prevent any tree cutting, earth moving or demolition from occurring on the property until it's settled in court. On Wednesday, the Friends of Grey Cloud said a judge has since denied its request for a TRO.
The Cottage Grove City Council approved the plans in February that include building nearly 400 homes on the old Mississippi Dunes golf course.
The new development would butt up against land that's both state and federally protected and that's not only concerning those residents, but even the National Park Service.
"This section of the river encapsulates so much of what the Mississippi River is about and it should be protected against development and different things that could threaten those resources," said National Park Service Planning Program Manager Forest Eidbo.
Its scenic views are so spectacular in Cottage Grove, it's part of a national park that was established 35 years ago. There are laws that protect those views, but if you ask some residents, they'll be destroyed if Rachel Development has its way.
"We didn't have to do this," said Rod Hale, who spoke out at last month's city council meeting. "You can build housing anywhere, you don't have to build them in a very unique environment that offers more of a great opportunity for the whole community."
Hale would live across from the new homes and admits the developer and land owner have the right to "use the property to its highest value." He's also concerned because the development is next to Grey Cloud Dunes Scientific and Natural Area (SNA).
"The messages that I'm getting back is we did the right thing," said Cottage Grove Mayor Myron Bailey. "They basically did all the things they were supposed to do through this process and if we as a city were to deny them, they could have some legal ramifications towards us."
Mayor Bailey also hit back at the conservationists who are concerned about native vegetation and endangered animals. He says the city relied on the Department of Natural Resources (DNR) and other experts for approval, adding the city is also building a public park closest to the water.
"We're giving people the opportunity for housing, but we're also giving people the opportunity for access to the river," said Bailey.
Meanwhile, the National Park Service (NPS) wrote a letter last month reminding the city about those protected views and the plans would be a violation if crews permanently removed a particular group of trees blocking the new houses.
"At this point, they (NPS) believe everything that we're doing to utilize the site and protect other pieces of the site are fine," said Bailey.
"We don't believe that the structures will be really visible and the city is meeting all those rules," said Eidbo, who encourages the Friends of Grey Cloud to stay involved.
"We're just not getting, in my opinion, from the developer, a good tradeoff option," said Hale. "I think we could have saved this if we would have organized much earlier."
Documents show the developer plans to remove about 2,500 trees, but the NPS says the city confirmed it will preserve the trees protecting those views along the river.
KARE 11 has reached out to both the City of Cottage Grove and Rachel Development for their response and we'll update this story if and when either responds.
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