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Why Legislators Want to End Minneapolis 2040 Lawsuit

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Why Legislators Want to End Minneapolis 2040 Lawsuit


Backers of a lawsuit to slow down implementation of a sweeping Minneapolis 2040 land use plan have been winning in the courts.

They may be about to lose in the Legislature.

Bills filed in both the House and Senate would amend current environmental law so that it can’t be used to challenge comprehensive plans like the Minneapolis 2040 plan that seek to increase urban and suburban population density. The bills make the change retroactive to before the Minneapolis plan was approved by the City Council in 2018.

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The effect would be to make the lawsuit filed in 2018 by Smart Growth Minneapolis invalid and allow the city to ask a judge to dismiss it. House File 4028 and its Senate companion SF 4183 would also clarify state law going forward and make another batch of proposed housing density bills less vulnerable to legal challenges.

Rep. Mike Howard, DFL-Richfield, chairs the House Housing Finance and Policy Committee and said the bills will “make sure the cities have the ability to plan and move forward.”

“We believe it will have support from our cities and have support from our environmental community as well,” Howard said.

The Minneapolis 2040 plan is in some ways the model behind sweeping legislation introduced this session to require many cities and suburbs to allow “missing middle” housing and multifamily apartments in commercial zones. But sponsors of those bills fear lawsuits similar to the one in Minneapolis, which cites the landmark Minnesota Environmental Rights Act (MERA). Not clarifying MERA could delay the rollout of new housing types that increase density.

The housing density bills and the proposed changes to MERA, therefore, work in tandem.

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“In our reading [of the Supreme Court ruling], the court told us to fix the language, so that is our plan,” said Sen. Lindsey Port, DFL-Burnsville, who chairs the Senate housing committee. She is also a prime sponsor of the housing density bills moving through the Legislature.

“The 2040 Plan is one of the various options around the state that cities are doing to understand that we need to densify, we need more housing, we need to think about this in a different way than we did 40, 50, 70 years ago when our neighborhoods were built,” she said.

The bills to remove the threat of litigation using MERA are meant to give cities in the seven-county metro area — not just Minneapolis — assurances that plans that increase density can’t be held up in court or trigger expensive environmental studies, sponsors said.

Supporters of the lawsuit say it serves as a rescue for the city after it lost key court rulings on the Minneapolis 2040 Plan.

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“Because the City has lost in the courts with its argument that the Minneapolis 2040 Plan is not subject to the Minnesota Environmental Rights Act, it is asking the Legislature to amend that Act to make it inapplicable to the 2040 Plan,” John Goetz, the president of Smart Growth Minneapolis, said in an email. He said retroactively changing laws in the midst of litigation (the lawsuit is working its way through a second round of appeals) is rare and that he isn’t sure what legal remedies the group would have should the bill become law.

The 2018 lawsuit to block the Minneapolis 2040 comprehensive plan allowing for projects to increase population density in built-out parts of the city sought to require the city to conduct a review of the environmental impacts of the changes. Smart Growth Minneapolis asserted the review was required by MERA for any project or plan that could produce negative environmental impacts.

Unlike a bill introduced last session that would have exempted comprehensive plans from MERA, the 2024 version of the bill is more narrow. It includes a set of legislative findings that increasing urban and suburban densities is “beneficial to the environment and public health.”

Under this year’s version, a comprehensive plan adopted by cities and approved by the Met Council that increases residential density is beneficial and “does not constitute conduct that causes or is likely to cause pollution, impairment or destruction” as defined by MERA. Plans that increase density are deemed to be beneficial because they can prevent sprawl into land that sequesters carbon, provides habitat and preserves farmland.

Peter Wagenius, the legislative director for the Sierra Club North Star Chapter, said many environmental groups were uncomfortable with last session’s bill that exempted comprehensive plans in their entirety from MERA. The 2024 version exempts residential density from MERA but leaves open that comprehensive plans could be challenged on other grounds.

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“The court has acknowledged there’s an incongruity … in the law. We are taking that as an invitation to resolve that incongruity,” Wagenius said. While the lawsuit was against the Minneapolis plan, Wagenius said suburban cities have expressed concern that they, too, could be sued if their plans attempt to increase residential density.

“They are saying, ‘Do something about this before the lawsuits arrive,’” he said. “Will this end all bad-faith litigation against cities? No. But it will prevent some and protect them and their ability to do their jobs.” He cited plans like Burnsville’s Heart of the City development and St. Louis Park’s West End that creates downtown-like environments as examples of what some suburbs are doing to address density as well as affordability and housing supply.

In an article for the American Planning Association, Alex Schieferdecker addressed the chilling effect the ongoing litigation could have on city planning.

“If these plans are to be vulnerable to nuisance environmental lawsuits, then every city and town in the region will be forced to complete their 2050 plans while constantly looking over their shoulder and potentially compromising policy to appease their most litigious residents,” Schieferdecker wrote.

A city is obligated to update its comprehensive plan once a decade to accommodate updated population projections made by the Met Council. It is that document that guides development, and cities must make sure their zoning codes and ordinances match the plan.

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Minneapolis received nationwide attention for the way its plan pushed for increased density as a way of concentrating population growth in areas already served by infrastructure, including transit. It determined that single-family neighborhoods should accommodate so-called missing middle housing such as duplexes. And multi-family housing would be allowed in corridors close to transit lines. Parking minimums were cut, and zoning changes were made in many areas to allow more development.

The Smart Growth suit asserted that if the new plan increases city population to the maximum level possible, it could degrade the environment by increasing the amount of paved surfaces that could increase the impact of stormwater runoff, by increasing the number of people straining wastewater systems, by reducing tree canopy and by increasing air pollution.



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Minneapolis police officer was fired in February for liking pro-lynching comment, department document shows

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Minneapolis police officer was fired in February for liking pro-lynching comment, department document shows


The Minneapolis Police Department fired an officer in February for liking a comment on social media supporting the lynching of a Black man, according to Internal Affairs documents.

The comment in question was made in March 2024 in a Facebook group called Minneapolis Police Officers and Civilian Employees, Current and Retired, which has no official affiliation with the department, police said.

In response to a news article about a suspect accused of killing a police officer, someone commented, “Get a [r]ope and find a tree,” and Klimmek liked the comment from his personal account, the MPD investigation found. The suspect appeared to be Black.

Klimmek admitted to liking the comment in an investigative interview, but said he did not know the phrase carried any racial connotations. He said he liked it because, “I was probably supportive of that post, uh, the death penalty for someone who murdered a police officer,” MPD documents show.

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WCCO has reached out to the Police Officers Federation of Minneapolis for comment.  

“Officer Klimmek’s claim of not knowing that the phrase, ‘Get a rope and find a tree’ is affiliated with an unquestionably violent history of racism and slavery, and his claimed lack of knowledge demonstrates how out of touch he is with history,” then-Chief Brian O’Hara wrote in his findings. “The public cannot trust his judgment, and I cannot trust his judgment.”

In his investigative interview, Klimmek “did not express any remorse for his actions,” the department said, and he “just does not understand or appreciate his role in upholding the public trust or the betrayal of that trust inherent in the comment that he liked.”

O’Hara said Klimmek’s conduct “has had a serious negative impact on the professionalism of the MPD and has demonstrated a serious lack of integrity, ethics and character related to his fitness to hold his position.”

He added later in the document that “officers do not have the power of ‘judge, jury, and executioner.’ Even if Officer Klimmek believes in the death penalty, which he is certainly entitled to, officers must respect due process and conduct themselves accordingly so as to not call into question their fitness to serve.”

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The department terminated Klimmek on Feb. 20 for violating its social media conduct policies. He received one-on-one social media policy training in 2015, the investigation noted.

Minneapolis Police Department records show three previous disciplinary measures for Klimmek, all suspensions. In 2020, he stood by while a security officer punched a handcuffed suspect in the stomach. In 2021, he ran a red light and caused a crash. And in 2024, he failed to properly search a suspect and allowed him to bring a loaded handgun into the Hennepin County Jail. 

The department’s online dashboard shows at least 20 complaints against Klimmek since 2012, four of which are still open.

O’Hara noted in his decision that Klimmek’s actions came after the murder of George Floyd and investigations by both the Minnesota Department of Human Rights and U.S. Department of Justice that found a pattern of racial discrimination by the department.

O’Hara himself resigned in May after an internal investigation found he interfered with a probe into his own actions.

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Taste of Minnesota 2026 underway this weekend

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Taste of Minnesota 2026 underway this weekend


This weekend downtown Minneapolis is hosting the Taste of Minnesota, offering free music performances and more than 100 food trucks and artist vendors. FOX 9’s Leon Purvis is onsite with a preview of what’s to come.



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‘Threads of Us’ explores how Minnesota immigrants hold onto home

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‘Threads of Us’ explores how Minnesota immigrants hold onto home


What does it look like to carry your culture with you? When Minneapolis architect and photographer Patricia Mutebi posted a casting call on TikTok in December, she was looking for a way to map how immigrants and diaspora communities in Minnesota keep their heritage close. 

She initially planned to photograph Twin Cities residents in their homes, but Operation Metro Surge, the federal immigration enforcement crackdown in Minnesota, forced her to reconsider the safety of her subjects. 

“I didn’t think that people would feel comfortable letting a stranger into their home, trying to take pictures of them,” Mutebi said. “From January all through April, I photographed those who were comfortable coming into the downtown [Minneapolis] area.” 

The result is “Threads of Us,” a portrait exhibit featuring 20 Hmong, Thai, Indian, African, Pakistani and Indigenous people who have built a life in the Twin Cities. 

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After seeing the exhibit, spend the rest of the weekend at the annual Taste of Minnesota, revisit soul music of the 1990s at the Dakota or watch Saturday’s World Cup matches at a street fair in Minneapolis. 

Minneapolis architect and photographer Patricia Mutebi’s exhibit “Threads of Us” runs from July 3 to July 17, 2026, at The Residency by Modern Day Me in Minneapolis. Credit: Patricia Mutebi

Finding home in Minnesota

In “Threads of Us,” Mutebi asked each person she photographed the same question: What does home look like after you’ve left it behind?

“Each person I photographed taught me something new about perseverance and resilience,” Mutebi said. “They’ve come into a new place that doesn’t necessarily welcome them openly, but they’re choosing to show up as their authentic self regardless. Nothing could honestly beat that.” 

Mutebi understands the feeling. She was born in Uganda, studied architecture in Kenya, and moved to Minnesota in 2019. 

“I have friends here who have families that know how to cook Kenyan food, and whenever I go visit them, there’s a smell that just hits me, and I’m taken back to a time when I was an undergrad,” she said. “In the first house that I bought, I have this gallery wall that shows the journey I’ve traveled. It has art from Kenya, from Uganda, and pictures of friends and family. That’s the most treasured thing I have.” 

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She also draws inspiration from architects like Burkinabé-German designer Diébédo Francis Kéré, whose work centers on Indigenous materials and community-led design across Africa. 

He “didn’t try to bring the Western world with him,” Mutebi said. “He was designing for the culture — where it sat, and using the materials they have to help people understand that we have these resources already.” 

For “Threads of Us,” participants arrived in traditional clothing — from Hmong vests and Ethiopian habesha dresses to Ghanaian kente cloth and Pakistani shalwar kameez. They brought meaningful objects, including wedding garments, family heirlooms, Oromo beadwork, Somali incense burners and Ethiopian coffee ceremony sets. Each item served as a tangible bridge to their families and homelands. 

“I found people who have photographed cultures in the most beautiful way and have captured joy without trying to modernize the culture,” Mutebi said. “I want to photograph people where they’re at and how they move through life without trying to change them one way or another.” 

Threads of Us, now on view at The Residency by Modern Day Me in Minneapolis, is Mutebi’s first exhibit — but she’s already thinking about what comes next. She was recently selected for the cohort of the Little Africa residency program, where she will partner with local African-descent business owners to tell their stories through photography. 

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“Unless you’re Indigenous, you came from somewhere,” Mutebi said. “I want people to take the time to think about what it means to them and how they can show up in the places they are now.”

Date: Friday, July 3 through Friday, July 17.

Time: 10 a.m. to 5 p.m. Monday through Friday

Location: The Residency by Modern Day Me, 401 N. 1st Ave., Minneapolis

Cost: Free

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For more information: Visit patriciamutebi.studio/portfolio/threadsofus 

Grunge-pop band the Gully Boys will perform at Taste of Minnesota on July 4, 2026. Above, band members Kathy Callahan, left, and Nadirah McGill performing at the Yacht Club in St. Paul on July 19, 2024. Credit: Juliet Farmer

Taste of Minnesota

Spend your Fourth of July weekend at the Taste of Minnesota, where 18 local musicians and more than 100 food vendors will take over downtown Minneapolis for the annual two-day festival. 

The main stage will feature grunge-pop band Gully Boys, hip-hop artist Nur-D, singer-songwriter Dessa, and DJ Sophia Eris. The North Star Stage will spotlight emerging acts, including Frankie Torres, Adam David Bohanan, and Solana and the Sunsets. 

Date: Friday, July 3 and Saturday, July 4

Time: 4 to 10 p.m. on Friday. Noon to 10 p.m. on Saturday

Location: At the intersection of Nicollet Mall and Washington Avenue

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Cost: Free. RSVP here. 

For more information: Visit tasteofmn.com 

A night of ’90s soul

If music from the 1995 film “Waiting to Exhale” still has a place on your playlist, head to the Dakota this Friday for the Ladies of Soul tribute show. 

Local singers Solorah, Ashley Commodore and Monique Blakey will perform the soundtrack from start to finish, revisiting songs by Whitney Houston, Toni Braxton, Mary J. Blige, Brandy and Aretha Franklin. 

Mexico fans cheer at Shell Energy Stadium, home of the MLS soccer club Houston Dynamo, as they watch a live broadcast in Houston, of a World Cup soccer round of 32 match between Mexico and Ecuador, Tuesday, June 30, 2026. Credit: Ashley Landis | Associated Press

World Cup watch party 

Catch the knockout rounds between Canada and Morocco and Paraguay and France at the World Cup Street Fair in Minneapolis this Saturday. 

Utepils Brewing will show both games on large indoor and outdoor screens, while the street fair will feature food trucks, art vendors, mini soccer games and DJ sets between kickoffs.

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