Malan Construction Corp. v. Board of County Road Commissioners

LEVIN, Chief Judge.

The sole issue to be considered on this motion to dismiss the action is whether the lowest, but unsuccessful, bidder on a Wayne County, Michigan, public works project may maintain an action under Michigan law either to enjoin the successful bidder and the Board of County Road Commissioners from entering into a contract, or to obtain damages because of the Board’s refusal to accept the plaintiffs’ bid.

The plaintiffs, New York corporations operating as a joint venture, non-taxpayers of the county, allege that the individual defendants, comprising the Board of County Road…