Legal Opinion · Concurrence

Polyvend, Inc. v. Puckorius

Illinois Supreme Court

Decided October 2, 1979No. 51011Published

1ConcurrenceJustice Clark

I concur in the result. I do not concur in the majority’s view that the opportunity to bid is not a protectable property interest necessitating minimal due process guarantees. The majority incorrectly characterizes plaintiff’s asserted property interest here as a “ ‘claim of entitlement’ to the future State contract involved herein” (77 Ill. 2d at 294). That is not the situation at all. Of course plaintiff is not entitled to a future State contract; but plaintiff’s claimed property interest, requiring due process protection, is the opportunity to bid — not entitlement to have the bid accepted.

2Cases cited25 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  3. Wolff v. McDonnellSupreme Court of the United States · 1974
  4. Goldberg v. KellySupreme Court of the United States · 1970
  5. Perry v. SindermannSupreme Court of the United States · 1972

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