Legal Opinion · Concurrence

MST Enterprises Co. v. City of New Orleans

Louisiana Court of Appeal

Decided July 29, 2015No. 2015-CA-0112Published

1ConcurrenceDysart, J.

|,I concur with the majority’s finding that the trial court erred in granting a preliminary injunction and issuing a mán-damus. I write separately only as to the issue of the public hearing afforded by the City.

Under Lá. R.S. 38:2212(X), an informal hearing is required only “[i]f the public entity letting the contract proposes to disqualify any bidder, either as a potential bidder or as the low bidder, on grounds that such bidder is not a ‘responsible bidder.’ ” (Emphasis added). Our jurisprudence makes a distinction between a “non-responsible” party and a “non-responsive” bid. In A.M.E.…

2Cases cited3 opinions

  1. Broadmoor, LLC v. ERNEST N. MORIAL EXHIBITIONSupreme Court of Louisiana · 2004
  2. Barriere Const. v. Terrebonne Consol. Gvt.Louisiana Court of Appeal · 2000
  3. A.M.E. Disaster Recovery Services, Inc. v. St. John the Baptist Parish School BoardLouisiana Court of Appeal · 2010

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