Minnesota Center for Environmental Advocacy v. Metropolitan Council

587 N.W.2d 838, 48 ERC (BNA) 1496, 1999 Minn. LEXIS 7, 1999 WL 11524
CourtSupreme Court of Minnesota
DecidedJanuary 14, 1999
DocketC6-97-1694
StatusPublished
Cited by36 cases

This text of 587 N.W.2d 838 (Minnesota Center for Environmental Advocacy v. Metropolitan Council) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Minnesota Center for Environmental Advocacy v. Metropolitan Council, 587 N.W.2d 838, 48 ERC (BNA) 1496, 1999 Minn. LEXIS 7, 1999 WL 11524 (Mich. 1999).

Opinion

OPINION

STRINGER, Justice.

This matter arises out of a judicial challenge to the respondent Metropolitan Council’s (Council) approval of the 1998-2000 Transportation Improvement Program (TIP). Appellant, the Minnesota Center for Environmental Advocacy (MCEA), is concerned specifically with the Stillwater Bridge Replacement Project (Project) included in the TIP. Appellant alleges that the Project is inconsistent with the Metropolitan Development Guide/Blueprint (Blueprint) and therefore respondent’s approval of the 1998-2000 TIP is inconsistent with the requirements of section 134(h)(5) of the Federal Intermodal Surface Transportation Efficiency Act of 1991, 23 U.S.C. §§ 101 et seq. (1994) (IS-TEA). After respondent approved the 1998-2000 TIP with the Project included, appellant filed a writ of certiorari in the court of appeals seeking review of respondent’s decision pursuant to Minn.Stat. Chs. 480A and 606 (1996). The court of appeals denied the writ citing a lack of jurisdiction. The court reasoned that respondent’s decision was not a quasi-judicial act but rather a quasi-legislative act, and that quasi-legislative acts are not reviewable by certiorari. We agree and affirm.

We begin with a review of the interplay between federal and state agencies’ oversight responsibility for interstate transportation policy and planning — a relationship that, although complex, is critical to an efficient national and regional surface transportation system.

ISTEA governs the disbursement of federal transportation funds to the states. To be eligible for federal funds, urban areas with a population of at least 50,000 must designate a metropolitan planning organization (MPO). 23 U.S.C. § 134(b) (1994). Respondent Metropolitan Council, a political subdivision of the State of Minnesota, is the designated MPO for the Twin Cities metropolitan area. 1 Minn.Stat. § 473.146, subd. 4 (1996). ISTEA directs the MPO to adopt a long range transportation plan establishing metropolitan *840 transportation policies for a 20-year forecast period. 23 U.S.C. § 134(g) (1994). 2

In December 1996, respondent adopted the Metropolitan Development Guide/Blueprint (Blueprint) and 1996 Transportation Policy Plan (TPP) to comply with 23 U.S.C. § 134(g). The Blueprint and TPP were also adopted to comply with Minn.Stat. § 473.146, subds.l, 3 (1996), the state counterpart to the ISTEA requirement for a long-term transportation plan. 3 Among many other elements, the TPP identifies potential projects to achieve these long range planning goals. From the list of potential projects in the TPP, respondent is required by ISTEA to develop a TIP identifying specific projects to propose for construction in the metropolitan area using federal transportation funds. 23 U.S.C. § 134(h)(1), (2) (1994). 4 The TIP is *841 prepared annually and covers a 3-year planning and construction period. Id. The TIP may only identify projects for federal funding if respondent determines that the projects are consistent with the long range plan adopted pursuant to § 134(g). Id. § 134(h)(3), (5). 5

The Stillwater bridge project has long been a part of respondent’s complex planning process. Respondent first considered replacing the existing Stillwater bridge in 1977 because the bridge, located in downtown Stillwater, was considered inadequate to handle large trucks, buses, and recreational vehicles, as well as projected growth in traffic levels. In 1978, respondent’s Major River Crossing Task Force issued a study entitled “Major River Crossings in the Twin Cities Metropolitan Area.” The study concluded that the existing Stillwater bridge was “expected to have a major deficiency in capacity by 1990.” In 1989, respondent updated its 1978 study and ranked metropolitan area bridges that needed to be built, replaced or rehabilitated by the year 2010. The study ranked the Stillwater bridge third among the top twenty bridges in need of replacement or rehabilitation. Based on the studies, the Project was included in the TPP’s from 1988 to 1996 and in the TIP’s from 1991 to 1998.

The 1998-2000 TIP, approved August 14, 1997, again includes the Stillwater Bridge Project. As proposed, the Project would include expansion of Minnesota Trunk Highway 36 and construction of a new four-lane bridge across the St. Croix River from Still-water, Minnesota to St. Joseph/Houlton, Wisconsin. Following approval, appellant, a not-for-profit environmental organization, filed a writ of certiorari in the court of appeals seeking review of respondent’s decision to approve the TIP. Appellant claimed that respondent’s decision to approve the 1998-2000 TIP with the Project included was motivated by political pressure rather than proper transportation planning.

The court of appeals dismissed the writ for lack of jurisdiction and did not reach the substantive issue of appellant’s writ of certio-rari. Order of the Court of Appeals, No. C6-97-1694 (March 6, 1998) (Order). Relying heavily on our recent decision in Meath v. Harmful Substance Compensation Bd., 550 N.W.2d 275 (Minn.1996), the court of appeals held that respondent’s decision to approve the 1998-2000 TIP with the Project included was quasi-legislative, not quasi-judicial, and therefore its decision is not reviewable by writ of certiorari to the court. Order at 2-5.

Our decision in Meath sets forth a framework for determining if a decision is quasi-judicial or quasi-legislative. Meath involved a judicial challenge to a decision by the Harmful Substance Compensation Board which denied Meath’s claim for compensation. Id. at 275. Decisions by the Board were essentially unenforceable offers of compensation to a claimant. Id. at 279. Claimants were free to reject the Board’s offer and commence a civil action against the parties responsible for the claimant’s injuries, and the Board’s response would be inadmissible in such an action.

We took the opportunity in Meath to more clearly define quasi-judicial conduct:

[Q]uasi-judicial conduct is marked by an investigation into a disputed claim and a decision binding on the parties. Even though the phrase “quasi-judicial act” has sometimes been so broadly defined that it *842

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Bluebook (online)
587 N.W.2d 838, 48 ERC (BNA) 1496, 1999 Minn. LEXIS 7, 1999 WL 11524, Counsel Stack Legal Research, https://law.counselstack.com/opinion/minnesota-center-for-environmental-advocacy-v-metropolitan-council-minn-1999.