The Commons' near stadium belongs to park board.

Byline: Dan Heilman

The duty of managing a two-block area near U.S. Bank Stadium belongs to the Minneapolis Park and Recreation Board, not the City Council, according to a Minnesota Court of Appeals decision published Wednesday.

The parcel in question is a two-block area just west of U.S. Bank Stadium known as The Commons. When construction of the stadium began in 2012, general contractor Ryan Cos. US Inc. negotiated with the city, the Minnesota Sports Facilities Authority (MSFA), and the Minnesota Vikings regarding how the stadium and the surrounding area would be developed.

A term sheet resulting from the negotiations proposed a mixed-use project that would occupy five blocks to the west of the stadium, including the two blocks of designated green space that would become The Commons. It said that Ryan Companies would construct The Commons and then sell it to the city.

Once the City Council approved the mixed-use project, Ryan and the MFSA entered into a use agreement that specified conditions for the use of The Commons. The city consented to the use agreement and acknowledged that once it acquired title to The Commons it would be subject to its terms.

In January 2015, the City Council and the park board entered into a memorandum of understanding that dictated that Ryan convey the land to the city, the city would convey the land to the park board for $1 by quitclaim deed, and finally, the park board would lease the land back to the city.

Two years later, a ground lease let the park board The Commons to the city, letting it operate and manage the space, maintaining "standards consistent with other urban parks located in Minneapolis, Minnesota, including the maintenance of the surface of the park and the clearing of snow from public walkways."

Months after that, the city, park board, MFSA and the Vikings were sued by a Minneapolis resident, John Hayden; former City Council President Paul Ostrow later joined the suit, and both men represented themselves. They alleged that the City Council had no authority to operate or fund The Commons. Their aim was to bar the use of city funds for the construction, operation and maintenance of The Commons, and to invalidate the use agreements involved in the project.

Hennepin County district court dismissed the second count, saying that Hayden and Ostrow lacked standing to challenge the use agreement and the memorandum of understanding. The court, however, did grant...