Edina tree ordinance lawsuit dropped after rule change

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Housing First Minnesota has dropped its lawsuit over a city of Edina tree ordinance now that the city has “repealed and replaced” the regulation, the homebuilder association said Thursday.

The association, which represents about 900 businesses, sued the city last summer, arguing in court papers that the ordinance exceeded the city’s authority under Minnesota law.

In a complaint filed last August in Hennepin County District Court, Housing First said the city unlawfully required developers and landowners to pay more than $1 million in tree replacement fees.

Housing First Minnesota asked the court to enjoin enforcement of the ordinance, which applied to grading, demolition and building permit applications for “principal and accessory structures,” including a “garage, deck or a pool.”

The new ordinance is less expansive than the previous version, said Nick Erickson, senior director of Housing Policy for Housing First Minnesota. Instead of applying to all tear-downs, additions or empty lots, it focuses on the subdivision of new lots, he said.

Housing First Minnesota CEO James Vagle said in a statement that the city’s recent actions have “addressed several of the concerns raised” in the lawsuit.

“By repealing and replacing its vegetation and tree replacement ordinances, the city of Edina has effectively acknowledged that these programs, as they existed prior to Housing First’s lawsuit, were likely to be ruled illegal under state law,” Vagle said.

“Housing First Minnesota will remain engaged to ensure homeowners are protected from unlawful fees and exactions moving forward. If the new ordinance is abused, Housing First will not hesitate to return to court.”

The new ordinance reflects “technical, legal and operational improvements,” according to city of Edina documents.

Among other things, the new ordinance aims to “preserve Edina’s high-valued trees, while allowing reasonable development to take place and not interfere with how existing property owners use their property.”