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Attempts by an unsuccessful proposer to constitutionally challenge an award of a competitively bid contract were successfully thwarted by Freund Freeze & Arnold attorneys, Christopher W. Carrigg and Lisa A. Hesse in Winton Transportation, Inc. v. Pat South, 2007 U.S. Dist. LEXIS 65947 which was recently decided by Judge Susan Dlott of the U.S. District Court in Cincinnati.
Attempts by Losing Proposer to Constitutionally Challenge Award of Public Contract Unsuccessful
Winton Transportation, Inc. v. Pat South, 2007 U.S. Dist. LEXIS 65947
Decided September 6, 2007 by Judge Susan Dlott of the U.S. District Court, S.D. Ohio in Cincinnati.
Defense Counsel: Freund Freeze & Arnold, by Christopher W. Carrigg and Lisa A. Hesse
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The lengthy decision precludes both an attempt to base a constitutional due process claim on the loss of the award and an attempt to base a First Amendment retaliation claim on later renewals of the contract after litigation had been initiated.
Winton was Warren County’s transit provider for nine years, but lost to another contractor, when the transit contract was competitively bid. Winton filed suit attempting to constitutionally challenge its loss of this award, and later, its loss of an opportunity to bid on renewals of the contract. Judge Dlott found that the facts and law warranted judgment in favor of a county without the need for trial, denying both challenges.
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