State Ex Rel. Humphrey v. Delano Community Development Corp.

I respectfully dissent. Although I agree with the majority on the legal principles, I disagree with its application of these principles and conclude that DCDC’s declared purpose and conduct shows that it is a not-for-profit corporation.

In re Red River Valley Livestock Ass’n, 235 Minn. 267, 271, 50 N.W.2d 287, 289 (1951) reaffirmed that the key to determining a corporation’s nature and status is its articles of incorporation. Read in their entirety,1 DCDC’s articles unambiguously identify the corporate purpose and intended beneficiaries: to promote the economic well-being of the City of Delano…