Kuhn Construction Co. v. State

BROWN, Vice Chancellor.

Plaintiff Kuhn Construction Company, a Delaware corporation, sues in its capacity as a taxpayer to enjoin the defendant Department of Natural Resources and Environmental Control of the State of Delaware (“the Department”) from implementing its announced award of a marine construction contract to J. E. Brenneman Company, a Pennsylvania corporation (“Brenneman”). This is a final decision based upon stipulated facts following the issuance of a temporary restraining order against the Department.

Pursuant to statutes governing the award of contracts for public improvements,…