Legal Opinion

North Twin Builders, LLC v. Town of Phelps

Court of Appeals of Wisconsin

Decided May 3, 2011No. 2009AP3036PublishedCited by 4 opinions

1Opinion of the CourtBrunner, J.

¶ 1. The Town of Phelps appeals a summary judgment awarding North Twin Builders, LLC, compensatory damages for the Town's violation of Wis. Stat. § 60.47, which governs public contracts and competitive bidding for towns.1 The Town asserts North Twin Builders is not entitled to recover the costs *150of preparing its unsuccessful bid because it did not first obtain injunctive relief. We conclude that a disappointed bidder may recover bid preparation expenses for a violation of the competitive bidding statute regardless of whether it has sought injunctive relief. Accordingly, we affirm.

BACKGROUND

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2Cases cited4 opinions

  1. Aqua-Tech, Inc. v. Como Lake Protection & Rehabilitation DistrictWisconsin Supreme Court · 1976
  2. Tews v. NHI, LLCWisconsin Supreme Court · 2010
  3. Prn Associates LLC v. State of Wisconsin Department of AdministrationWisconsin Supreme Court · 2009
  4. D.M.K., Inc. v. Town of PittsfieldCourt of Appeals of Wisconsin · 2006

3Cited by4 opinions

  1. Byrne & Jones Enterprises, Inc. d/b/a Byrne and Jones Construction v. Monroe City R-1 School DistrictSupreme Court of Missouri · 2016
  2. Five Star Airport Alliance, Inc. v. Milwaukee CountyDistrict Court, E.D. Wisconsin · 2013
  3. Byrne & Jones Enterprises, Inc. d/b/a Byrne and Jones Construction v. Monroe City R-1 School DistrictSupreme Court of Missouri · 2016
  4. Horsley Co. v. Milwaukee CountyDistrict Court, E.D. Wisconsin · 2012

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