« Ind. Courts - Still more on: David Camm appeal brief filed with the Supreme Court | Main | Ind. Courts - "Muncie judge calls it quits" »
Friday, March 28, 2008
Ind. Gov't. - Even more on "Storm Water Board resigns: Council criticized no-bid contract"
Updating this ILB entry from Dec. 4, 2007, Dick Kaukas of the Louisville Courier Journal reports today in a story that begins:
A lawsuit filed by the New Albany City Council challenging two contracts awarded last year without competitive bidding has been dismissed.The council has struggled with the no-bid issue, first authorizing the lawsuit and then voting to end it, but reversing itself again in February and deciding to pursue the case.
Both contracts were awarded last summer to Environmental Management Corp. by the city's sewer and storm-water boards to operate New Albany's sewer and storm-water systems.
In a decision issued Wednesday, Floyd Circuit Judge J. Terrence Cody wrote that he was granting motions asking that the complaint be thrown out. Cody said the contracts did not have to be bid under state law because they were for "professional and technical services," not for a "public work" project.
Only for such a project would competitive bidding have been required, the judge concluded.
In reaching that conclusion, Cody adopted the arguments of sewer board lawyer Greg Fifer and storm-water board lawyer Michael Summers, and rejected the contentions of Jerry Ulrich, the council's attorney.
"I'm a bit surprised and disappointed," said Ulrich, who had argued that the contracts were for public works projects.
Posted by Marcia Oddi on March 28, 2008 07:56 AM
Posted to Indiana Government