Ringsred v. City of Duluth

• Decision Date: 26 November 2001
• Docket Number: No. CIV. 00-2241(RHKRLE).,CIV. 00-2241(RHKRLE).
• Parties: Eric RINGSRED, an individual and a state, federal and local taxpayer, State of Minnesota, by Eric Ringsred, The Family of Eric Ringsred, Deborah, Anna, Miles, Anders and Odin Ringsred, Plaintiffs, v. CITY OF DULUTH, et al., Defendants.
• Court: U.S. District Court — District of Minnesota

187 F.Supp.2d 1141

Eric RINGSRED, an individual and a state, federal and local taxpayer, State of Minnesota, by Eric Ringsred, The Family of Eric Ringsred, Deborah, Anna, Miles, Anders and Odin Ringsred, Plaintiffs, v. CITY OF DULUTH, et al., Defendants.

No. CIV. 00-2241(RHKRLE).

United States District Court, D. Minnesota.

November 26, 2001.

COPYRIGHT MATERIAL OMITTED

COPYRIGHT MATERIAL OMITTED

Paul Christopher Engh, Engh Law Office, Minneapolis, MN, for plaintiff.

Eric Ringsred, Duluth, MN, pro se.

Mary Alison Lutterman, Duluth City Attorney, Duluth, MN, Robert Thomas Torgerson, Hanft Fride O'Brien Harries Swelbar & Burns, James Alan Wade, Roy Christensen, Johnson Killen & Seiler, Duluth, MN, for defendants.

ORDER

KYLE, District Judge.

Before the Court are Plaintiffs' Objections to the October 22, 2001 Report and Recommendation (R&R) of Magistrate Judge Raymond L. Erickson.

This Court has conducted the required de novo review of the objected to portions of the R&R and is satisfied that Judge Erickson's recommended disposition is fully supported by the record before him and by controlling legal precedent. The R&R is thorough and the legal analysis sound.

Upon all the files, records and proceedings herein, IT IS ORDERED:

1. The Objections (Doc. No. 121) are OVERRULED;

2. The Report and Recommendation (Doc. No. 118) is ADOPTED;

3. The Motion of the Government Defendants¹ to Dismiss the Plaintiffs' Complaint for lack of subject matter jurisdiction (Doc. No. 48) is GRANTED;

4. The Motion of the Soft Center Defendants² for Summary Judgment (Doc. No. 83) is GRANTED;

5. The Motion of the Chamber Defendants³ for Summary Judgment (Doc. No. 94) is GRANTED; and

6. The Complaint is DISMISSED WITH PREJUDICE.

LET JUDGMENT BE ENTERED ACCORDINGLY.

ORDER and REPORT AND RECOMMENDATION

ERICKSON, United States Magistrate Judge.

I. Introduction

This matter came before the undersigned United States Magistrate Judge pursuant to a special assignment, made in accordance with the provisions of Title 28 U.S.C. § 636(b)(1)(A) and (B), upon the numerous Motions of the parties. As there are a number of different Defendants in the case, for the sake of clarity, we first categorize the Defendants into relevant groupings, and then proceed to delineate the Motions of the parties.

The first cluster of Defendants may be denominated as the "Government Defendants," which includes the City of Duluth and its City officials, in both their individual, and official capacities; namely, Gary Doty, Cynthia Albright, Bryan Brown, Robert Asleson, John Schweiger, and John Smedberg, together with the Duluth Economic Development Authority ("DEDA"). A second grouping may be designated as the "Soft Center Defendants," to include the Soft Center-Duluth, Inc., and Michael McNamara, as an employee of the Soft Center-Duluth. The last category is comprised of the "Chamber Defendants," which includes the Duluth Area Chamber of Commerce, Team Duluth, David Ross and, in a separate capacity, Michael McNamara. The Plaintiffs, and each grouping of Defendants, have filed Motions which we list as follows:

1. The Motion of the Government Defendants to Dismiss or, in the alternative, for Summary Judgment.

2. The Motion of the Plaintiffs¹ to Compel the Appearance of the Individual Government Defendants at a Deposition, and the Obverse Motion of the Individual Government Defendants for a Protective Order.²

3. The Motion of the Plaintiffs to File an Untimely Memorandum in Opposition to the Governmental Defendants' Motion for Dismissal.³

4. The Motion of the Government Defendants for Leave to File an Untimely Reply Memorandum.⁴

5. The Motion of the Plaintiffs to Amend the Scheduling Order of December 1, 2000, so as to Allow an Amendment of the Complaint, and their Motion to Amend Their Complaint.⁵

6. The Motion of the Soft Center Defendants for Summary Judgment.

7. The Motion of the Chamber Defendants for Summary Judgment.

8. The Motion of the Government Defendants for Rule 11 Sanctions.

9. The Informal Motion by the Defendants to Strike.⁶ Hearings on the Motions were conducted on May 31, 2001, June 28, 2001, and July 19, 2001, at which the Plaintiffs appeared pro se; the Government Defendants appeared by M. Alison Lutterman, Assistant Duluth City Attorney; the Soft Center Defendants appeared by Faye M. Witt and James A. Wade, Esqs.; and the Chamber Defendants appeared by R. Thomas Torgerson, Esq.

As to the Motions which remain for disposition, we recommend that the Motion of the Government Defendants to Dismiss, for want of subject matter jurisdiction be granted; that the Motions for Summary Judgment of the Soft Center Defendants, and of the Chamber Defendants, be granted; and we deny the Motion of the Government Defendants for Rule 11 Sanctions.

II. Factual and Procedural History

The Plaintiffs bring this action under Title 42 U.S.C. § 1983, and allege that the Defendants have violated various Federal, State and local laws, and have infringed upon their Federal constitutional rights. The crux of their claims arise from certain actions which, allegedly, were taken by the Defendants during prior litigation involving both the Plaintiff Eric Ringsred ("Ringsred"), and a number of the Defendants here. Specifically, in May of 1998, Ringsred brought suit in Minnesota District Court, on behalf of the State of Minnesota, and against the City of Duluth, DEDA, Mayor Gary Doty, and others, under the Minnesota Environmental Rights Act, Minnesota Statutes Section 116B.01 et seq. ("MERA"), and the Minnesota Environmental Policy Act, Minnesota Statutes Section 116D.01 et seq. ("MEPA"). According to Ringsred, the purpose of that earlier suit was to protect buildings, which were located in the "Duluth Commercial Historic District," from a demolition designed to make space for the erection of the "Soft Center/Technology Village" project.

Ringsred's suit, on behalf of the State, was premised upon the following Minnesota statutory provision:

Any person residing within the state * * * may maintain a civil action in the District Court for declaratory or equitable relief in the name of the State of Minnesota against any person, for the protection of the air, water, land or other natural resources located within the state, whether publicly or privately owned, from pollution, impairment, or destruction; provided, however, that no action shall be allowable hereunder for acts taken by a person on land leased or owned by said person pursuant to a permit or license issued by the owner of the land to said person which do not and can not reasonably be expected to pollute, impair, or destroy any other air, water, land, or other natural resources located within the state.

Minnesota Statutes Section 116B.03, Subdivision 1.⁷

In particular, Ringsred sought, on behalf of the State of Minnesota, to enjoin the "Soft Center/Technology Village" project, and to require the City to prepare an Environmental Impact Statement ("EIS"). The Trial Court issued two Temporary Restraining Orders, and then held a Trial on the merits during September and October of 1998. On October 5, 1998, the Trial Court issued an Order, which found the area in dispute — the 0 to 100 block of East Superior Street, which was referred to as "Old Downtown" — constituted a "natural resource"⁸ under MERA.⁹

Notwithstanding that ruling, however, the Trial Court also determined, after conducting the equivalent of an Environmental Assessment Worksheet ("EAW"), that the Soft Center/Technology Village project should proceed. The Court reasoned that the project would not have a significant impact on the denoted "natural resource" and, further, that any effect would further diminish over time. The Court also found that there was no feasible alternative site, in the City, for the project, and that the project would yield substantial economic and educational benefits to the City, and its citizens. Thus, the Trial Court allowed the project to advance, thereby allowing the demolition of five buildings, located on the future site of the project, but imposing a mandatory injunction which required the defendants, in that case, to confer the 0 to 100 block of East Superior Street with the environmental protections befitting a "natural resource."¹⁰ Ringsred appealed the Trial Court's Order to the Minnesota Court of Appeals, which affirmed the Trial Court's decision in all respects. See, State of Minnesota, by Ringsred v. City of Duluth, 1999 WL 618613 (Minn.App. August 17, 1999)[publication page references not available]. No further appeal was taken.

By way of additional background, in September and October of 1998, prior to the Trial of the State Court action, Ringsred sought a Temporary Restraining Order so as to prevent the destruction of the Strand Theater, which was located within the area that was ultimately determined, by the Trial Court, to be a "natural resource," but it was not one of the five buildings which were scheduled for demolition at the site of the planned Soft Center/Technology Village. See, Affidavit of Robert Asleson, at ¶ 1. Nonetheless, Ringsred sought a Temporary Restraining Order in order to protect the Strand Theater from destruction. As alleged by Ringsred, when the defendants in the State Court action learned about his Motion, they preemptively destroyed portions of the Strand Theater. Although the Temporary Restraining Order was later issued, it was subsequently lifted because, as related by Ringsred, the Court found that there had already been substantial damage to the building, and there was, as alleged by Ringsred, perjured testimony, from the City, that no buyers could be found for the property.

Ringsred further contends that, during the Trial of the State Court action, the defendants in that case conducted meetings with individuals who were listed as witnesses for Ringsred, and also conducted an advertising campaign to promote the Soft Center/Technology Village. Ringsred asserts that, in one...