Monroe County v. Kearns Construction Company
Monroe County's Board of County Commissioners awarded a construction contract over a losing bidder's protest after a public meeting with unsworn statements. The circuit court appellate division granted certiorari and quashed the award, but the Third DCA held on second-tier certiorari that the bid award was an executive, not quasi-judicial, act, so the circuit court lacked certiorari jurisdiction. The petition was granted and the circuit court's order quashed.
Key facts
- Monroe County's Board of County Commissioners awarded a construction contract to a bidder following a noticed public meeting where the losing bidder, Kearns Construction Company, made unsworn statements in protest.
- The circuit court's appellate division granted certiorari and quashed the contract award, but the Third District Court of Appeal reviewed the decision on second-tier certiorari.
- +2 more key facts with a free trial
Why it matters
This opinion draws a clear line for challenging public procurement decisions in Florida: absent a local code provision creating a quasi-judicial bid protest hearing before a hearing officer, a disappointed bidder cannot… — full analysis with a trial
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