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� <br />� <br />Not Reported in �T,W,2d <br />Not Reported in N.W.2d, 1998 WL 865714 (Minn.App.), 27 Media L. Rep. 1669 <br />(Cite as: Not Reported in N.W.2d} <br />purpose of circumventing t�,e law. Appellant <br />contends that respondents' actions represent exactly <br />the sort of subversions of the purpose of the Open <br />Meeting Law that Moberg outlined as an exception <br />to the quorum �e. W e disagree. <br />Many of the same facts presented by appellant <br />could be used to illustrate that respondents did not <br />intend to subvert tk�e law. They admit that they <br />wanted to conduct the interviews privately, as that <br />had been advised as the best process for getting <br />candid answers from applicants. They were also <br />advised that such a process would not violate the <br />Open Meeting Law. They then sought the counsel <br />of the ciry attorney, who, with the guidance of an <br />unpublished order opinion from this court, advised <br />that such an interview process would conform with <br />the law. That opinion, while naturally not of <br />precedential value, states that "individual contact <br />beLween a member of the city council and an <br />applicant who cannot vote on matters coming <br />before the governing body does not constitute a <br />meeting of #he governing body," and therefore does <br />not represent a violation of the Open Meeting Law. <br />Northwest Publications, 1nc. v. (�iy of' Apple <br />Valley, et e+J., No. C7-91-332 (Mi�.App. Feb. 27, <br />1992). The steps respondents took to confirm the <br />legaliry of the interview process does not show <br />manipulation of the law, as appellant claims, but <br />rather, care to conform with the dictates of the <br />statute. <br />II, AmendmentofComplaint <br />In response to respondents' oral motion to dismiss <br />appellant's complaint, appellant orally moved to <br />amend its complaint to include a request for <br />injunctive relie£ Leave to amend pleadings "sha11 <br />be freely given when justice so requires." Minn. R <br />Civ. P. 15.01. The district court is afforded wide <br />discretion in deciding whether to grant amendments, <br />and a reviewing court will not reverse its action <br />absent a clear abuse of discretion. Fabio v. Bellamo, <br />504 N.W.2d 758, 761 (Minn.1993). Amendments <br />to pleadings are liberally permitted absent prejudice <br />to other patties. Pichke v. Kellen, 384 N'."W.2d 201, <br />204 (Minn.App.198b). <br />Page 3 of 4 <br />Page 3 <br />Respondents argue that the district court abused its <br />discretion by granting the amendment because the <br />amendment served no legal purpose. See id. <br />(amendment is properly denied where it legally <br />serves no purpose). Respondents contend that <br />because it was clear from the hearing that there was <br />no violation of the Open Meeting Law, the <br />amendment served no legal purpose. We disagree. <br />Clearly, the amendment had the legal purpose of <br />keeping the complaint from being dismissed for <br />lack ofusticiability. <br />�'4 Respondent also argues that granting of the <br />amendment (�CmpriStCd#C(� an abuse of discretion <br />because there is nothing to enjoin and because there <br />is only an imagined injury. Neither argument bas <br />merit. <br />T�i, Dismissal for Non-dusticiabitity <br />Respondents argue that the district caur[ improperly <br />denied their motion to dismiss appellant's complaint <br />for lack of a justiciable controversy. The district <br />court's decision regarding dismissal of an action <br />will only be reversed if there was an abuse of <br />discretion. Sorensorr v. S� Paul Ramsey Med Ctr., <br />457 N.W.2d 188, 190 (Minn.1990). <br />Because appellant initially sought only a declaration <br />that the private interviews violated the Open <br />Meeting Law, and did not seek penalties, <br />respondents sought dismissal under Rupp v. <br />Mayasrch, 561 N.W.2d 555 (Minn.App.I997). The <br />complaint in Rupp was also seeking a declaration of <br />violation of the Open Meeting Law. Id There, this <br />court held that because the Open Meeting Law's <br />enforcement provision did not provide for <br />enforcement through declaratory judgment, there <br />was no justiciable controversy and therefore the <br />complaint was properly dismissed. ld at 558. <br />Rupp would dictate dismissal if the district caurt <br />had not allowed appellant to amend its complaint to <br />include a request for injunctive relief, thereby <br />negating respondents' motion. <br />�€€i3mt�. <br />� 2006 Thomson/'West. No Claim to Chig. U.S. Govt. Works. <br />� <br />h�,�:i��'�b�.v4c�[f3w�'.c�mJ�7717CfRRU{5���1.3€px?sY�S'pIi[�:11C3L�rkuClOdlrStf]��CI�—����i�,,. 7� I?r�l'�b <br />