Ruck Const. Co., Inc. v. City of Tucson

OPINION

HATHAWAY, Judge.

This is an appeal from an order dismissing Ruck Construction Company’s complaint. On May 12, 1975, Ruck filed a special action in Pima County Superior Court challenging the City of Tucson’s refusal to permit Ruck to substitute on its construction contract with the city a different subcontractor from the one previously approved. On May 16,1975, the parties stipulated that they would submit to the court for decision a single issue on an agreed statement of facts. The legal issue presented was whether the City of Tucson unlawfully or improperly abused its discretion by…