Legal Opinion

Shook Heavy & Environmental Construction Group v. City of Kokomo

Indiana Supreme Court

Decided April 5, 1994No. 49S00-9401-CQ-59PublishedCited by 37 opinions

1Opinion of the Court

SULLIVAN, Justice.

In response to a certified question from the United States District Court of the Southern District of Indiana, 1 we hold that an unsuccessful bidder does not have a cause of action under Indiana law for an injunction prohibiting a city from awarding a public contract to the selected bidder if the unsue-cessful bidder's legal theory is that the selected bidder is not the lowest responsible and responsive bidder as required under Ind. Code Ann. § 36-1-9-3 (Burns 1998).

This question arises out of plans by the City of Kokomo to construct a municipal sludge composting facility.…

2Cases cited16 opinions

  1. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  2. Perry v. SindermannSupreme Court of the United States · 1972
  3. Webb's Fabulous Pharmacies, Inc. v. BeckwithSupreme Court of the United States · 1980
  4. Brock v. Roadway Express, Inc.Supreme Court of the United States · 1987
  5. City of Mishawaka v. StewartIndiana Supreme Court · 1974

11 more not listed; retrieve them via the Exa API.

3Cited by37 opinions

  1. Martin v. RicheyIndiana Supreme Court · 1999
  2. Indiana High School Athletic Ass'n v. Carlberg Ex Rel. CarlbergIndiana Supreme Court · 1997
  3. McIntosh v. Melroe Co.Indiana Supreme Court · 2000
  4. Horsfield Materials, Inc. v. City of DyersvilleSupreme Court of Iowa · 2013
  5. State v. International Business MacHines Corp.Indiana Supreme Court · 2012

32 more not listed; retrieve them via the Exa API.

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