Wayzata Mayor Makes Statement on Lawsuit Against City

For the last three years the city of Wayzata has been locked in litigation with the Unitarian Universalist Church of Minnetonka, which is suing the city over its refusal to rezone a taxable residential property for church use.

The church claims the city is discriminating against a religious institution. The city says the church’s request violates long-standing city code and, if granted, would set a precedent that opens the city up to a wave of similar requests.

The Unitarian Church turned down a settlement offer from the city over the summer. Terms of the proposal were not made public.

Citing the lawsuit’s ongoing status, neither the city nor the church have made substantial public comments on the case since it was filed in U.S. District Court back in 2008.

Wayzata Mayor Ken Willcox, however, read an extensive statement at this week’s City Council meeting. It offered the most comprehensive summary of the city’s position to date.

Patch has invited the Unitarian Church to respond to the mayor’s statements and will post its comments if and when it chooses to do so.

Below is the full text of Mayor Willcox’s Tuesday statement:

Since 2008, the city of Wayzata has been working to find the right response to a request from the Unitarian Universalist Church of Minnetonka, which is the one right across the street here, for an exception to the city’s zoning rules so they can build a new church on land owned by one of their members.

It is important for our citizens to know that the city has been diligent in trying to balance the request of this institutional citizen of our community with the needs and preferences of all our residents as expressed in the city’s long-standing planning process. Simply put, the plans of the Unitarian congregation are at odds with both our current zoning rules and our comprehensive master plan.

In looking for a resolution, we have taken into consideration how firmly we should be guided by the current comprehensive plan. Granting an exception raises legitimate questions about our process and opens the city’s land use planning to additional pressure and challenges once the precedent of an exception is granted.

The current master plan for Wayzata, and the zoning rules that stem from the plan, are the result of extensive dialogue and feedback from the community—and frankly represent significant investments in city planning. The plan has been re-affirmed by our residents and upheld by the Metropolitan Council, as well.

In the pursuit of a fair and reasonable resolution, the city has invested significant staff and financial resources into finding an agreeable outcome, but to no avail. In response, the Unitarian Church has brought suit against the city—forcing large expenditures of taxpayer dollars and threatening major penalties in damages and legal fees.

I can only speculate about why the Unitarian Church has resorted to a legal battle rather than look for a resolution that might serve both their needs and the broader community’s interests. I won’t speculate.

It is known, however, that during the search for a new home the Unitarian Church conducted a study of suitable sites within a five-mile radius of their current location. This included territory outside the city limits of Wayzata. Nevertheless, the Unitarian Church has continued its attempt to force a rezoning of a Wayzata single-family property owned by one of its members.

It has continued a legal battle that is financially damaging to all the taxpayers of the city. This past summer the Unitarian Church declined the city’s settlement offer, and so, sadly, the lawsuit continues.

The city recently asked that the court order the full parties back into mediation. The Unitarian Church objected to that request. And so the next step is a Nov. 29 appearance before a U.S. District Court judge, who will hear oral arguments on both sides and issue a summary judgment in the case at an undetermined time after that. The case may proceed to trial following the summary judgment.

Meanwhile, the City Council intends to keep our citizens informed about the status of this troubling situation that we are experiencing with a long-time institution of our community.