By STEVE SANDBERG and H. LYNN ADELSMAN

At 7:30 AM on Thursday December 15, with 120 listening in, lawyers for the East Phillips Neighborhood Institute (EPNI), and the City of Minneapolis presented their cases at a hearing in Hennepin County District Court before Judge Edward Wahl. Oral arguments against demolition of the 5.3 acre Roof Depot building were presented by a three lawyer team led by Elizabeth Royal, who was joined by Jessica Blome, and Miles Ringsred.

Mark Breslin from the City Attorney’s Office, supported by our tax dollars, argued for the City. He argued that there was no risk to the community from demolition of the Roof Depot, and that an expanded maintenance yard posed no significant increase of pollution, and would bring only benefits. 

The community lawyers argued that what is needed is an Environmental Impact Statement (EIS), which would look at the existing cumulative levels of pollution, then evaluate the city’s plan, which would in part increase diesel traffic, thereby increasing health disparities such as asthma, cancer and heart disease, in our community.

A ruling is expected in January. The judge will either grant an injunction to delay the demolition, or deny the request for an injunction, thereby clearing the way for demolition in February.

If an injunction is granted, the judge will set a bond amount that EPNI would have to post in order to proceed to trial. The City requested the judge impose a bond of $4.5 million. This is an unheard of and outrageous amount.

EPNI lawyers argued that the City’s situation is of its own making. The City continues to appropriate and spend money on their maintenance facility expansion despite being fully aware of legal questions posed by the 2008 Environmental Justice Law. The City continues to reject opportunities to work WITH the neighborhood, so the City alone is responsible for the need for a trial.

Speaking at the rally following the court hearing, Evan Mulholland from the Minnesota Center for Environmental Advocacy called the impossibly high 4.5 million dollar bond amount tantamount to “putting a padlock on the courthouse!”

Other events to watch for in January:

• A Community Meeting at East Phillips Park Center.
• A City Council Meeting to accept bids and authorize demolition. We don’t have the date yet, but follow East Phillips Neighborhood Institute on social media and on the epnifarm.org website.

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