The plaintiffs in the case on Arbor Park’s future have filed an appeal with the North Dakota Supreme Court, opening another legal chapter in the debate over the future of the downtown park.
The lawsuit, which was dismissed in district court last month, aimed to void a June 20 election on Arbor Park’s future. Grand Forks attorney Henry Howe, representing a group of about two dozen local voters, claimed that the city’s decision to hold all voting in one place exceeded the city’s authority and claimed two absentee ballots were disqualified incorrectly, which he argued cast doubts on the integrity of the election.
The lawsuit was filed after the election, which rejected a ballot measure to preserve the park, at 15 N. Fourth St., with the Grand Forks Park District. As a result, the park has been mostly dismantled, with major pieces of art carted off. Construction on a five-story, $7.5 million condo building is expected to begin this fall.
Howe, writing in his notice of appeal, takes issue with the analysis and legal opinions in the lawsuit’s dismissal, and also says “there was an improper and/or unethical communication from attorney for (the city) to the court -- shortly before the court entered its decision -- that was not properly addressed by the court.”
Howe was unable to be reached for comment.
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Ron Fischer, the attorney for Grand Forks on the case, denied the allegation of “improper communication” on the city’s part. He offered no other comment beyond confidence in the city’s case.
It’s unclear what impact the lawsuit would have on Arbor Park if plaintiffs are successful on appeal. The land already has been sold to Dakota Commercial and Development and no longer is city property.
Kevin Ritterman, president of Dakota Commercial, said he was unable to discuss the appeal Wednesday.
“I’m disappointed. I thought it was sour grapes when they first brought the lawsuit, and this feels like more sour grapes,” City Council President Dana Sande said. “Sometimes, people don’t listen to hear -- they listen to respond. This sounds like, they aren’t hearing what they want, so they just keep asking questions differently. It’s unfortunate for everyone, because as a community, we need to move on. There are way too many things that are of the utmost importance to our community.”
No court hearings have been scheduled yet for the appeal.
Legal proceedings could prolong the public debate over the city’s consolidation of voting at the Alerus Center, an arrangement it will use again in a Nov. 7 city sales tax referendum. City leaders hope to hike the local sales tax by 0.5 percent -- bringing the total state and city sales tax from 6.75 to 7.25 percent -- to generate an additional $5 million per year for streets and water projects.
The city maintains that costs and the availability of polling locations and workers hurt the city’s ability to hold voting at locations throughout the city. Sande has said Cities Area Transit rides will be free on Election Day to help get voters to the Alerus Center, and added that -- whatever the city does -- it’s sure to take criticism.
If the city continues to consolidate voting, it will receive criticism for limiting access. If it reverses course on the upcoming vote, critics will claim earlier consolidation was done in bad faith.
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“The people that like to complain, all they have is lots of things to complain about right now,” he said. “And no matter what decision we make, it’s purely fuel for their fire.”
