Eagan officials might have been ready to consider ending the suit over Carriage Hills Golf Course, but neighbors aren't to that point.

"We understand the city's situation, but now is not the time to capitulate," said Jim Taylor, who lives near the golf course and is a member of the neighborhood group Carriage Hills Coalition. "We're not against change, just against change that circumvents the normal process."

The Eagan City Council was scheduled to consider a settlement of the suit at its Nov. 15 meeting, but that item was pulled from the agenda before the meeting began and rescheduled for a special meeting at 5:30 p.m. Tuesday, Nov. 29.

Golf course owner Rahn Family LLP and Eagan developer Wensmann Realty sued the city in November 2004 after the council's August 2004 decision not to change the comprehensive guide plan for the 120-acre course.

The golf course is designated as park or recreation in the city's comp plan and is also zoned as park. Wensmann had asked for a change to allow for low-density residential housing.

The project's plan called for 480 housing units that included a mix of condominiums, town homes and single-family houses along with 40 or more acres preserved as either park or open space.

Dakota County District Court Judge Patrice Sutherland ruled against the city in April and the city is currently appealing that judgment to the Minnesota Court of Appeals. The Metropolitan Council and the League of Minnesota Cities have backed the city's appeal, as has a national public-interest law firm.

Mayor Pat Geagan said the discussion on a possible settlement agreement was pulled to allow the Carriage Hills Coalition to review the findings of a private consultant it hired.

The neighborhood group is interested in seeing if it can acquire the golf course privately and asked the city to delay making a decision.

Taylor met with Geagan and Eagan City Administrator Tom Hedges early last week to discuss the issue. As soon as the Carriage Hills Coalition knew about the settlement possibility, its members spread the work quickly, Taylor said.

Taylor said because of a gag order between the city and the plaintiffs, the city wasn't able to give coalition members much information about the potential settlement.

He said the city indicated it would be for a revised development that would include a 35-acre par 3 executive golf course along with a scaled-back housing development.

"It became clear to us the council during closed executive sessions had essentially agreed in principal to accept the settlement," Taylor said. "The city said that isn't the case though."

In her summary judgment, Sutherland ordered Eagan to either amend the property's land-use designation to allow Wensmann to build the housing development or else begin eminent domain proceedings to take the course.

When the council made the decision to appeal the case, it released a statement saying the guide plan was "worth fighting for."

"Evidently it wasn't that worth fighting for," Taylor said. "What we're really concerned about is this conversation was done without any public input to circumvent the process."

This is not the first time the golf course has been targeted for development. In 1996, Pulte Homes sought to buy the course and develop it for housing, but the council similarly shot down that request.

It was then that Rahn purchased the golf course, paying $3.6 million for it. In the past, Rahn has pegged his losses at the course over the past five years at about $800,000.

While city officials weren't saying why a settlement is being considered in the closely watched case, Taylor and other residents pointed to the city's concern over its comprehensive guide plan as the likely reason.

"The city is clearly worried that if they lose, the courts will have proven that anybody with enough lawyers can come in and force a change," Taylor said. "The thing is, the city will have already lost if they give in by capitulating that in this situation the city is going to turn tail and run."

What: Special Eagan City Council meeting to discuss Carriage Hills lawsuit settlement

When: 5:30 p.m. Tuesday, Nov. 29

Where: Eagan City Hall, 3830 Pilot Knob Road

"It became clear to us the council during closed executive sessions had essentially agreed in principal to accept the settlement," Taylor said. "The city said that isn't the case though."

In her summary judgment, Sutherland ordered Eagan to either amend the property's land-use designation to allow Wensmann to build the housing development or else begin eminent domain proceedings to take the course.

When the council made the decision to appeal the case, it released a statement saying the guide plan was "worth fighting for."

"Evidently it wasn't that worth fighting for," Taylor said. "What we're really concerned about is this conversation was done without any public input to circumvent the process."

This is not the first time the golf course has been targeted for development. In 1996, Pulte Homes sought to buy the course and develop it for housing, but the council similarly shot down that request.

It was then that Rahn purchased the golf course, paying $3.6 million for it. In the past, Rahn has pegged his losses at the course over the past five years at about $800,000.

While city officials weren't saying why a settlement is being considered in the closely watched case, Taylor and other residents pointed to the city's concern over its comprehensive guide plan as the likely reason.

"The city is clearly worried that if they lose, the courts will have proven that anybody with enough lawyers can come in and force a change," Taylor said. "The thing is, the city will have already lost if they give in by capitulating that in this situation the city is going to turn tail and run."

What: Special Eagan City Council meeting to discuss Carriage Hills lawsuit settlement

When: 5:30 p.m. Tuesday, Nov. 29

Where: Eagan City Hall, 3830 Pilot Knob Road