Judge denies injunction against development at heron nest site

Jun. 29—A district court judge has denied an injunction to halt development of a great blue heron nesting site west of Rochester.

International Properties LLC, owned by Aderonke Mordi, plans to build 10 single-family homes on a 30-acre site by extending Boulder Creek Lane toward Cascade Creek east of 60th Avenue Southwest. Adjoining land owners filed for an injunction to block work on the site because it includes a colony of more than 30 heron nests.

In her written ruling filed Friday afternoon, Judge Pamela King concluded that the advocates for saving the nests haven't demonstrated irreparable harm. The nest colony, known as a rookery, is protected under the Migratory Bird Treaty Act as long as the nests are occupied, she noted in her ruling. State law, specifically under the Minnesota Environmental Rights Act, doesn't afford any further protection to the site, King said.

Plaintiffs argue that the rookery is unique in that it isn't near a river, lake, or large body of water.

Lynn Cornell, president of the Save the Rookery board of directors, said the ruling was "disappointing," but the temporary restraining order put in place in March saved the nests for this season and gave the group time to organize and plan.

"It doesn't change the fact that the birds and this site are an important resource for the area and the whole state," she said.

King noted that the current property owner, Steve Connelly, would bear additional economic burdens if he wasn't able to sell the property for development.

"The judge did an excellent job weighing the evidence," said Dan Heuel, who represents Mordi in the case. The case involves international law, Minnesota environmental laws, and local county and township ordinances, Heuel noted.

"There is a lot of complicated law here," he said.

Advocates for preserving the site said they weren't surprised, but added that they plan to continue to work to save the trees containing the bird nests.

"The judge can only rule on what the law states," said Jenna Didier, member of the Save the Rookery group.

On the heels of the ruling, Save the Rookery filed for nonprofit status with the state of Minnesota.

Members of the group also learned Monday that the Minnesota Department of Natural Resources' Natural Heritage Advisory Committee voted to recommend evaluating the rookery for possible acquisition and designation as a scientific and natural area.

That's if property owners where the rookery is located agree.

Mordi has said he and his wife planned to build their new home on the land, and that they sold their house to help finance the development. A purchase agreement between the current land owner (Connelly) and Mordi was extended to June 30, 2021.

Last month, the Olmsted County Commissioners board approved a land-use designation change from "resource protection-potential suburban" to "suburban development," which makes it eligible for development.

However, the board still needs to approve the development plan, and also required the developer to submit an Environmental Assessment Worksheet to the township.

Cornell said the group has approached Mordi about purchasing a portion of the land and placing some of the land owned by Leal Segura and Patrick Adamson in a trust to become an scientific and natural area.

"The question is how eager are the Mordis and the development company to cut down these trees," she said.

The injunction was part of a lawsuit to halt development at the rookery. A pretrial conference will be set to schedule the next proceedings in the lawsuit.