Dismissal of Noble Hill lawsuit is upheld

Opposition to the controversial Noble Hill development project in southern Eden Prairie has been dealt another setback.

The Minnesota Court of Appeals on July 31 affirmed a lower court’s decision to dismiss a challenge by a citizens group, Spring Valley Friends, which said the Riley Purgatory Bluff Creek Watershed District acted improperly in granting a permit for construction of the 50-home project on 28 acres near a city-owned, freshwater spring.

The group’s lawsuit was undone on procedural grounds, with both the Hennepin County District Court deciding last fall – and the appeals court affirming the decision this week – that Spring Valley Friends did not appeal the watershed district’s August 2021 permit approval within the 30-day period granted by state law.

The watershed district’s board of managers approved the project’s permit on Aug. 12 of that year; Spring Valley Friends filed a complaint in district court on Sept. 23.

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Subsequently, the watershed district filed for dismissal of the lawsuit, claiming the lawsuit was not filed in a timely manner.

In its appeal, Spring Valley Friends had argued that the watershed district’s decision was not final until Sept. 1, when the board of managers approved minutes from its Aug. 12 meeting, and therefore the citizens group’s legal action on Sept. 23 was within the 30-day statutory window.

The Court of Appeals disagreed, this week publishing its decision following oral arguments heard on May 10 of this year.

The court said state law is “unambiguous” on the matter, with the 30-day clock beginning to tick upon a permit decision, even when the decision is a voice vote.

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“It was crystal clear to us, and I think crystal clear to the court,” said attorney Paul Reuvers, who represented the watershed district in the case. “We are pleased the court of appeals affirmed the dismissal.”

But Miles Ringsred, who argued the case on behalf of Spring Valley Friends, maintains that state laws are occasionally “vague and murky” as to when government bodies’ decisions become final.

“It was a tough case to argue, but I definitely believe that some good arguments were brought up by the Spring Valley Friends,” said Ringsred.

“It’s disappointing, but it doesn’t necessarily end there,” he said, adding that the group may have other claims that it wishes to pursue.

A separate lawsuit that Spring Valley Friends brought against the City of Eden Prairie, which also approved the Noble Hills project in 2021, was dismissed in court last March.

Development of the property has not commenced. A proposal to instead purchase and preserve the scenic property with state bonding money was proposed in the 2023 Minnesota Legislature but did not advance.