I think we’ll see more cases like this as new housing goes up along the Hiawatha corridor:
“Herring and his neighbors in the North Longfellow Block Club have been locked in a long-standing dispute with Metro Produce Distributors Inc., which operates the trucks. Next week, attorneys for the company and the city of Minneapolis are expected to go to a mediator to try to settle a federal lawsuit over the matter.
In 2005, the Minneapolis City Council added to existing ordinances prohibiting trucks from loading or unloading outside an insulated building near residential areas between 10 p.m. and 6 a.m. The new rules also banned trucks from idling or operating refrigeration units during those hours.
The city then cited Metro Produce for violating the rules, court documents say. Metro Produce sued, calling the ordinances vague and unconstitutional. Late last month, a federal judge sided with the company on several claims.”
The blocks along the railroad tracks, and the onces between Hiawatha and Minnehaha are probably the most problematic for industrial noise or dust encroaching on residential properties. Of course, it’s not always clear who’s encroaching on who. For example, if a person bought a home in the flight path of an airport, knowing full well that the airport was there, would they have a right to complain about airport noise?
Here’s a link to a map of the location in question. As you can see, the area (both 27th Ave S and 28th St E) is a dividing line between residential housing and industrial buildings.
It will be interesting to see how this one plays out. It sounds like the business was operating in the area before the law was changed. How does that play into the court’s decision?