La Barge Brothers Co. v. Town of Cicero

OPINION OF THE COURT

John R. Tenney, J.

Petitioner seeks a review of the action by the Cicero Town Board rejecting its bid because of noncompliance with the specifications. Respondents cross-move for a dismissal of the petition. The cross motion is granted.

Petitioner’s bid price of $105,532.40 was $268.10 less than the second bidder who was awarded the contract. Although the low bidder, petitioner’s bid was rejected because it was not accompanied by cash or certified check as required by the bid specifications. The bid was, however, accompanied by a bid bond in the required amount.

*765The argument…