Summit Avenue bike trail opponent sues St. Paul for emails, text messages, studies

Frederick Melo, Pioneer Press
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Robert Cattanach, an attorney opposed to a proposed elevated bike trail along Summit Avenue, has filed a lawsuit and request for a temporary restraining order against the city of St. Paul, claiming violations of the state’s Data Practices Act.

Cattanach, a partner with Dorsey and Whitney, has been providing free legal counsel to Save Our Street, the coalition of residents opposed to the bike trail, as well as the Summit Avenue Residential Preservation Association. The lawsuit was filed on his own behalf.

Cattanach’s 20-page lawsuit says that he’s filed 10 separate requests for city documents, text messages and communications under the state’s Data Practices Act, some dating back more than eight months, and the city has yet to produce the requested information.

Among his requests is all text messages and communications between city employees and a Grand Avenue toy store owner supportive of the bike trail.

The city has promoted the potential 4.7-mile protected bikeway as an important east-west connection from Mississippi River Boulevard to existing downtown-area trails such as the Sam Morgan Regional Trail.

Public hearing

A public hearing on the Summit Avenue bike trail is scheduled before the St. Paul Parks and Recreation Commission for April 13, the first step toward approval by the St. Paul City Council.

Given the potential impact to “hundreds of trees along Summit Avenue” and “the existing historic symmetrical streetscape,” Cattanach’s lawsuit seeks a temporary injunction delaying that hearing until the city complies with his requests for information.

Among the requested information is all “public data created, produced, received, maintained or disseminated from January 1, 2020, to present regarding all analysis, studies or documentations that were done, if any, to assess the suitability of alternatives other than
Summit Avenue … including but not limited to Jefferson (Avenue) and Marshall (Avenue) and any east-west street between them.”

He also submitted a request for all studies or public data that were used to compare the potential hazards to cyclists between the proposed plan and existing in-street bike lanes, on top of three other requests related to traffic volumes, a potential Environmental Assessment Worksheet and the design between Lexington Parkway and Victoria Street.

City’s response

In response, the city produced a document indicating that Grand Avenue, Portland Avenue, Marshall Avenue, Selby Avenue, Ayd Mill Road and Jefferson Avenue had all been evaluated “at a high level,” and found to be insufficient for varied reasons, such as road interruptions, narrow right-of-way conditions and the lack of parkway characteristics for recreation.

Cattanach then requested any studies and communications that had been used to support those assertions, including text messages and emails to city consultants or members of the St. Paul Bicycle Coalition.

About a month ago, he requested documents related to potential funding for the bike trail, including communications with members of the Metropolitan Council, the metro’s regional planning agency.

Cattanach also requested emails and text messages between city traffic engineer Reuben Collins and the St. Paul Bicycle Coalition or the Bicycle Alliance of Minnesota; all communications with Grand Avenue toy store owner (and bike trail supporter) Dan Marshall about the bike trail; and any communications about the bike trail referencing bike coalition co-chair Andy Singer or Russ Stark, the mayor’s sustainability coordinator.

Cattanach’s case was filed Tuesday and assigned to Judge Laura Nelson.

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