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6/27/2023: In order to ensure a successful EAW can be carried out should the court rule in our favor, a request for stay was made. This request was required to go to the City Council and petitioned that a building permit not be provided until the appeal ruling was made. On June 26th, the Councilors agreed with our request, but in an unanimous vote attached a 1.6 million dollar bond be paid within 10 business days in order for the stay to take effect. This decision of a bond was made in advance of the public hearing, and at no point were we ever made aware of the dollar amount or request of bond by the developer ahead of the hearing.
How the 1.6 million was determined has never been provided, only that it is to protect the developer against "damages". Despite the fact that no construction has even started and they have been unsuccessful at securing a building permit from the city since February.
Most importantly, our appeal is against the City, not the developer. In other words, the City just required their citizens pay an outrageous amount in order for us to effectively pursue an appeal AGAINST THEM! We hope you'll consider writing to your representatives and express your dismay at this aggression towards their own constituents.
6/1/2023: A decision made by Duluth’s City Council to overturn the Planning Commission’s requirement of an Environmental Assessment Worksheet (EAW) related to the construction of a hotel at Sundby Road has been appealed to the Minnesota Court of Appeals through a Petition for a writ of Certiorari. Please support your community members that are holding your local government accountable.
5/8/2023: Duluth's City Council voted unanimously to reverse the Planning Commission's decision to require an EAW for the proposed hotel on Sundby Rd and across the street from the Miller Creek Restoration project. This is precedent setting for both the city and the state and has the potential to limit any future Citizen EAWs. The primary reason provided for this reversal was hardship on the developer. It is now up to the citizens to file an appeal with the court of appeals.
4/18/2023: The city of Duluth is attempting to change the deciding body of the EAW, (the Responsible Government Unit) from the Planning Commission to the City Council, now that the Planning Commission voted 6-2 in favor of the EAW. Per the city of Duluth's code (Section 2.41) and Minnesota state statute (4410.0400, Subpart 4), this is NOT a legally recognized method of appeal for an EAW. The city of Duluth needs to be reminded of the structure of government they operate in. Speak up and remind the city to follow their laws before their May 8th vote!
4/12/23: The city of Duluth's Planning Commission has approved the Citizens' Petition for an EAW! Thank you to all that provided support, your efforts have been recognized! The success rate of a Citizens' EAW averages 25%. Congratulations!
3/15/23: The city of Duluth has requested an extension to review the EAW. It will go before the Planning Commission on April, 11th. Send a letter to the Planning Commission in support of the EAW!
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