Press Release
National Trust for Historic Preservation and Preservation Alliance of Minnesota Seek to Join Friends of the Riverfront in Lawsuit for Preservation of Nicollet Island
Washington, D.C. and Saint Paul, MN (January, 2007) – This month, a state district court judge heard oral arguments for Plaintiffs’ summary judgment motion in a lawsuit against the City of Minneapolis, the Minneapolis Park Board, and DeLaSalle High School challenging the Minneapolis City Council’s decision to approve the destruction of the eastern half of Grove Street on historic Nicollet Island. The lawsuit alleges that the City’s approval violated the Minnesota Environmental Rights Act (MERA), an important law designed to protect Minnesota’s historic and natural resources, by failing to demonstrate that there are no “feasible and prudent” alternative locations for the stadium. The district court is also considering whether to grant the National Trust for Historic Preservation and the Preservation Alliance of Minnesota’s (PAM) request to join the Friends of the Riverfront as co-plaintiffs in the lawsuit.
DeLaSalle High School, an important and respected educational institution in Minneapolis, has proposed the construction of a new athletic field, 750-person stadium, and parking lot adjacent to the existing school on several acres of open park land on Nicollet Island. All of Nicollet Island is located within the St. Anthony Falls Historic District – a district listed on the National Register of Historic Places and also designated by the Minneapolis Heritage Preservation Commission (HPC). The construction of the new field would require the closure and removal of half of Grove Street, a historic resource which was platted in 1866 and is a part of Nicollet Island’s street grid.
“This proposal to close and remove a significant portion of Grove Street will forever compromise the historic character and integrity of Nicollet Island and the St. Anthony Falls Historic District, disrupting Nicollet Island’s street grid, traffic and pedestrian movement patterns, and the historic and visual relationship between the district and the Mississippi riverfront,” said Richard Moe, president of the National Trust. “The National Trust wants to ensure that the City complies with Minnesota’s strong preservation law by examining all of the feasible and prudent alternatives to siting a large stadium in this location.”
An Environmental Assessment Worksheet prepared by the City of Minneapolis determined that Grove Street was a part of the fabric of the historic district, and concluded that the proposed stadium would have a negative impact on the district’s historic landscape and unique character. Based on these findings, the HPC denied the request to construct the stadium in July 2006. Unfortunately, the Minneapolis City Council overturned the decision of the HPC, in spite of the potential negative impact and the numerous letters and public testimony submitted by concerned citizens and organizations including the National Park Service, the State Historic Preservation Office of the Minnesota Historical Society, the Sierra Club, the Friends of the Mississippi River, the Preservation Alliance, and the Midwest Office of the National Trust.
Friends of the Riverfront filed a complaint in District Court in October challenging the City Council’s decision and an appeal in the Minnesota Court of Appeals in November. The Trust and PAM joined the lawsuit for only the MERA claims, because of the legal merits of the case and our concern that the court’s decision could have implications beyond Nicollet Island that would affect preservation law and procedures throughout the state. MERA requires an applicant requesting the destruction of historic properties to demonstrate that there is “no feasible and prudent” alternative to their proposal. The complaint alleges that the City Council did not adequately consider and dismiss other “feasible and prudent” alternatives. The Trust, PAM, and others contend that several alternatives are available to DeLaSalle that could preserve historic and cultural resources.
“The Preservation Alliance joined this lawsuit because we are deeply committed to protecting the laws that have been put in place to protect our historic resources,” said Bonnie McDonald, Executive Director of the Preservation Alliance of Minnesota. “The City Council’s decision to approve this project deviated from local and state law and it leaves the preservation community challenged with ensuring that preservation law is followed for this and future projects.”
The Preservation Alliance has raised awareness about the growing threats to the St. Anthony Falls Historic District and specifically Grove Street, placing both on its 10 Most Endangered List in 2005 and 2006 respectively. In addition, the National Trust Midwest Office and PAM have been involved in the Nicollet Island issue throughout the past year, corresponding with the Park Board during their site selection process and encouraging them to consider alternatives that would not have a negative impact on Nicollet Island, and writing letters and providing public testimony during the review process to the HPC and the City Council’s Zoning and Planning Committee.