HomeMy WebLinkAbout1980 04-02 Judge Lord gives auto dealership 'green light' THE REVIEW •
Court says property not a wetland 4,i .21i9,90 /e€'ice
Judge lord gives auto dealership 'green light'
Federal Judge Miles W.Lord of Min- property at the southwest corner of Beam in McDaniels' favor, members of the wetland areas. Lokkesmoe previously McDaniels protested the denial in court storm water retention pond to ac-
neapolis decided Monday afternoon that Avenue and Highway 61. Kohlman-Gervais-Keller Lakes toured the property and decided it is not and won the case. commodate runoff from the parking lot
The latest government agency trying to Improvement Association have requested the type under DNR's jurisdiction. The Ramsey County Soil and Water and to protect the water ualit of the
3.99 acres in northwestern Maplewood is block the dealership construction was the the Minnesota Attorney General's office If Lokkesmoe reaches the same con- Conservation District also has issued nearby Kohlman Lake.A r ease and oil
not a wetland under the U.S.statutory U.S. ArmyCo of Engineers. The review the history surrounding the auto elusions on his second surveyof the opinions o g
definition. g p' opposing the construction. skimming device will be be installed to
The marshy property has been the agency denied McDaniels a permit to dealership construction proposal. parcel, Bill Clapp, a lawyer in the McDaniels has proposed building a treat runoff leaving the parking lot.
subject of a two-year battle between place approximately 6,000 cubic yards of Members of the association have been Attorney General's office, says he
governmental organizations hacked by fill on the property.McDaniels filed a suit among the most vocal opponents of the believes there is only one option still open
local residents and the land owner,Ron in U.S. District Court protesting the construction project. They contend the to the Lakes Improvement Association
Corps'denial.Judge Lord presided at the auto dealership will pollute the lake with members.
McDaniels of Bloomington,who plans to hearing on the case. oil and gasoline runoff.The members also lie explained the members could file a
build an automobile dealership on the McDaniels says he will begin the are concerned increased water runoff suit saying the dealership construction
site near Kohlman Lake. construction work on the property as soon from the parking lot will worsen flooding would violate the Minnesota Environ-
The judge's decision is the green light as possible.Plans for the dealershipin- problems around the lake. mental Rights Act.This law prohibits any
for McDaniels to proceed with his plan to elude 13,919 square feet building and a The attorney general's office has action that causes pollution,impairment
construct a Toyota dealership on the 252 vehicle parking lot. requested Kent Lokkesmoe,a Minnesota or destruction of natural resources of the
Cost of the project is estimated to be Ml Department of Natural Resources state.
million, according to Stephen R. Boer- metropolitan hydrologist,review his During 1979,the Ramsey County Metro
boon of Kraus-Anderson of St. Paul earlier decision on the property. The Watershed District denied McDaniels a
Company,the project developers. Department of Natural Resources(DNR) permit for the construction project
FearingJudge Lord's decision would be has jurisdiction over certain types of saying,"it would disturb a marshland."