Legal Opinion · Concurrence

Byrne & Jones Enterprises, Inc. d/b/a Byrne and Jones Construction v. Monroe City R-1 School District

Supreme Court of Missouri

Decided July 26, 2016No. SC94680Published

1ConcurrencePaul C. Wilson, Judge

The trial court dismissed the petition filed by Byrne & Jones Enterprises, Inc. (“B&J”) on the ground that B&J lacked standing. Even though the trial court’s *857action (i.e., dismissal) was correct, its Reasoning was overbroad. Standing is assessed with respect to each claim, and a claim is prayer for specific relief based on alleged facts. If section 177,086.21 authorizes losing bidders to recover their, bid preparation costs in cases in which the bidding procedures were not followed, B&J, (as a losing bidder) plainly would have had standing to bring such a claim. Rather than a lack of…

2Cases cited17 opinions

  1. Eastern Missouri Laborers District Council v. St. Louis CountySupreme Court of Missouri · 1989
  2. State Ex Rel. Johnson v. SevierSupreme Court of Missouri · 1936
  3. Anderson v. Public SchoolsSupreme Court of Missouri · 1894
  4. La Mar Construction Co. v. Holt County, R-II School DistrictMissouri Court of Appeals · 1976
  5. H & W Contracting, LLC v. City of WatertownSouth Dakota Supreme Court · 2001

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