Cave-of-the-Winds Scenic Tours, Inc. v. Niagara Frontier State Park & Recreation Commission

—Judgment unanimously reversed, with costs, and matter remitted to respondent Niagara Frontier State Park and Recreation Commission for further proceedings in accordance with memorandum. Denman, J., not participating. Memorandum: Petitioner appeals from a judgment dimissing its petition in an article 78 proceeding brought, inter alia, to annul the award on February 10, 1978, after public bidding and over petitioner’s protest, of a license agreement by respondent Niagara Frontier State Park and Recreation Commission (Commission) to respondent Argy and Sons Heating and Sheet Metal, Inc. (Argy).…