This morning Magistrate Judge Steven E. Rau decided that the Met Council does have to provide LPA the information we requested to move our lawsuit ahead.
As you know, the Met Council had asked the court for a protective order, which would have prohibited us from conducting any discovery until after the Final Environmental Impact Statement (FEIS) is completed and the Record of Decision (ROD) is issued.
But Judge Rau denied their request, interpreting Judge Tunheim’s August order as effectively requesting the very information we seek.
If the Met Council decides to appeal Judge Rau’s decision to Judge Tunheim, they have 15 days to do so. If Judge Tunheim upholds Judge Rau's decision, the Met Council will have 15 days from the date of his ruling in which to provide us the information we ask for.
As noted earlier, our attorneys, Lew Remele and Tom Johnson, are requesting documents from the Met Council that would shed light, to the satisfaction of Judge Tunheim, on whether any of the routes for SWLRT remain under consideration except for the co-location alternative through the Kenilworth Corridor. If no others are under consideration, the Met Council would be violating federal law. We believe, for example, that communications between the Met Council and the TC&W Railroad, and between the Met Council and the municipalities along the proposed SWLRT route might be relevant in this regard.
The obvious public policy question one must ask at this point is: What is the Met Council trying so strenuously to hide from the public, and why?
Kudos to our very lucid, well-prepared, competent attorneys!
Kudos and a million thanks to you, as well, for persisting in your support of this important battle in defense of the lakes and parks of Minneapolis!