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6/23/05
Save Our Creeks v. City of Brooklyn Park, 699 N.W.2d 307 (Minn.,2005)

Corporation sought declaratory judgment that city was required to prepare environmental impact statement in connection with housing construction. The District Court, Hennepin County, Deborah Hedlund, J., denied city's motion to dismiss for lack of attorney's signature on complaint, and certified question. The Court of Appeals, 682 N.W.2d 639, affirmed. City petitioned for review.

The Supreme Court, Meyer, J., held that:
(1) a complaint filed and signed on behalf of a corporation by a nonattorney has a curable defect;
(2) an amendment to add an attorney's signature to a complaint filed and signed on behalf of a corporation by a nonattorney should be permitted when four elements are met; and
(3) amendment to add an attorney's signature to complaint related back to the date of the original complaint.