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ROLLO v. CITY OF TEMPE

No. 13196.

120 Ariz. 473 (1978)

586 P.2d 1285

Marvin J. ROLLO, Rollo & New Construction Co., Inc., an Arizona Corporation, Underground Contractors Association of Arizona, an Arizona Corporation, Wittman Contracting Co., an Arizona Corporation, McAfee-Guthrie, Inc., an Arizona Corporation, and Swengel-Robbins Contracting Co., Inc., an Arizona Corporation, Appellants, v. The CITY OF TEMPE, a political subdivision of the State of Arizona, Appellee.

Supreme Court of Arizona, In Division.

November 22, 1978.

Attorney(s) appearing for the Case

Mariscal, Weeks, McIntyre & Friedlander by Phillip Weeks and Gerald K. Gaffaney, Phoenix, for appellants.

David R. Merkel, Tempe City Atty. by C. Brad Woodford and Jon Pettibone, Tempe, for appellee.

HOLOHAN, Justice.

Appellant Rollo filed a declaratory judgment action to determine whether a provision in the Tempe City Charter prohibited the City of Tempe from performing construction projects involving expenditures in excess of $5,000 without calling for competitive bidding. In addition, Rollo sought to enjoin the city from engaging in any construction projects in excess of $5,000 unless the project was submitted for public bidding. After the trial on the merits...

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