The following article by Steve Brandt was posted on the Star Tribune blog on January 22, 2014:
Park Board sues over discharge to lagoon
A second Minneapolis agency has sued the owner of an apartment building at 1800 W. Lake St. for discharging groundwater into the lagoon between Lake of the Isles and Lake Calhoun.
The complaint served last week by the Minneapolis Park and Recreation Board against Eden Prairie-based Lake and Knox LLC follows a city lawsuit last month: http://www.startribune.com/local/minneapolis/237743131.html over the discharge of groundwater. The Park Board will ask that the two lawsuits be joined, attorney Brian Rice said.
The city and Park Board allege that the apartment owner exceed the limits of a temporary permit it was issued during construction of the 56-unit building to lower the water table to permit construction of a lower-level garage. The Park Board cites its statutory authority over waters adjacent to parks.
The Park Board asked the court to declare the discharge illegal, to enjoin further discharge and to award unspecified damages.
Lake and Knox is not due to file an answer until late this month in Hennepin County District Court to the allegations against it, nor has its attorney responded to Star Tribune inquiries.
The lawsuits allege that the apartment project is pumping an annual 89 million gallons into the lagoon. The Park Board alleges that causes thin ice and open water on the lagoon, creating hazards for skiers and others, mars the scenery, uses storm drain capacity, and impedes the effectiveness and hinders the maintenance of a grit chamber intended to remove sediment and accompanying pollutants.