Met Council’s legal peril

One thing that the Twin Cities press hasn’t covered, at least in the context of the special session negotiations, is that there’s a lawsuit that’s tying up the Southwest Light Rail Transit (SWLRT) project. In fact, Judge John Tunheim’s ruling contains an admonition to the Met Council. FYI- Judge Tunheim is the “Chief Judge” of the “United States District Court.”

Near the end of his ruling, Judge Tunheim wrote “This opinion concludes that the LPA has not shown it is entitled to judgment as a matter of law on the record before the Court. It does not, however, end the case. This action involves complex legal issues and an evolving factual record. The theme underlying these complexities, though, and underlying the cause of action recognized in this Court’s prior Order, in Limehouse, and in environmental regulations like Section 1506.1, is that full and thorough environmental review of a major government project is vitally important. The LPA may not have met its summary judgment burden at this point, but the record – specifically the negotiation process and agreements between the Met Council and various cities and other public entities, and public statements regarding those agreements – shows that, throughout much of this process, the Met Council has had a clear favorite route for the SWLRT.”

Then there’s this:

Indeed, by signing an agreement with St. Louis Park that all but guarantees freight rail will stay in the Kenilworth Corridor, the Met Council has come dangerously close to impermissibly prejudicing the ongoing environmental review process.

This is why the Met Council needs to be overhauled entirely. Presently, the Met Council essentially represents Gov. Dayton and the DFL’s far left agenda. They don’t represent the people of the Twin Cities. Further, they’re more worried about getting Gov. Dayton upset than they’re worried about getting the citizens upset.

We’re supposed to be governed by the principles of one person, one vote and “with the consent of the governed.” The Met Council operates essentially on the principle of ‘thousands of people, no votes.” At no point does the Met Council operate “with the consent of the governed.” It essentially bullies elected governments, commissions, panels, etc. when it wants to achieve its goals.

Coming “impermissibly prejudicing the ongoing environmental review process” is legalese for saying that the Met Council is treading on thin legal ice. That’s just the tip of the iceberg, though. Check back with LFR for more later today.

Authored By Let Freedom Ring Blog

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