Legal Opinion · Dissent

Owensboro Grain Co. v. Owensboro Riverport Authority

Kentucky Supreme Court

Decided September 26, 1991No. 90-SC-178-DGPublished

1DissentWintersheimer, Justice

I must respectfully dissent from the majority opinion because the alternative bid proposals did not prevent fair competition; there was a fair and reasonable procedure from which the local authority could determine the highest and best bidder and the public was not exposed to any arbitrary awards.

The Court of Appeals and the circuit court correctly upheld the grant of the franchise by the Owensboro Riverport Authority because the Owensboro Grain Company did not meet their burden of establishing fraud, collusion or arbitrariness which is necessary to set aside a franchise awarded pursuant to…

2Cases cited5 opinions

  1. City of Princeton v. Princeton Electric Light & Power Co.Court of Appeals of Kentucky · 1915
  2. Keith v. JohnsonCourt of Appeals of Kentucky · 1900
  3. Baskett v. DavisCourt of Appeals of Kentucky (pre-1976) · 1949
  4. Groover v. City of IrvineCourt of Appeals of Kentucky (pre-1976) · 1927
  5. Berea College Utilities v. City of BereaCourt of Appeals of Kentucky · 1985

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