Agenda Packets - 1999/04/05 - Laserfiche WebLink

Home Browse Search

Mar-31-99 01:09pm From-KENNEDY & GRAVEN +6123379310 T-098 P.04/08 F-823 c0981989 Court of Appeals Page 1 of 5 STATE OF MINNESOTA IN COURT OF APPEALS C0-98-1989 and C9-98-20II City of Mounds View, Respondent, vs. Metropolitan Airports Commission, Appellant(C0-98-1989), Defendant and Counterclaimant(C9-98-2011), Metropolitan Council, Intervenor-Defendant (C0-98-1989), Appellant(C9-98-2011). Filed March 30, 1999 Reversed Harten,Judge Ramsey County District Court File No. C9-98-8094 Donald W. Selzer, Jr.,Andrew T. Voss,Littler Mendelson, P.C.,Multifoods Tower, Suite 3970, 33 South Sixth Street,Minneapolis, MN 55402 (fur appellant, defendant and counterclaimant Metropolitan Airport Commission) Andrew D. Parker, Kelly J. Smits, Matthew E. Johnson, Smith Parker,P.L.L.P., 808 Colwell Building, 123 North Third Street, Minneapolis, MN 55401 (for intervenor-defendant, appellant Metropolitan Council) James M. Strotnmen,Robert C. Long, Kennedy &Graven,Chtd.,470 Pillsbury Center South, 200 South Sixth Street,Minneapolis,MN 55402 (for respondent) Considered and decided by Harten, Presiding Judge,Randall,Judge,and Shumaker,Judge. SYLLABUS A city seeking to enjoin the planning activity of the Metropolitan Council and the Metropolitan Airports Commission does not show irreparable harm by asserting that if a court subsequently disallows the plan,the city will have spent public planning and administrative funds unnecessarily. OPINION HARTEN,Judge The district court granted respondent City of Mounds View a temporary injunction requiring appellant lvictropolitan Airport Commission to withdraw its recommendation to appellant Metropolitan Council that an airport runway be extended. Because respondent failed to show that it would suffer irreparable harm absent the inunction,we conclude that the district court abused its http://www courts.state.mn.us/opinions/coa/current/c0981989.html 3/31/99