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OWENSBORO GRAIN CO. v. RIVERPORT AUTH.

No. 90-SC-178-DG.

818 S.W.2d 605 (1991)

OWENSBORO GRAIN COMPANY and Ronald J. Prater, Movants, v. OWENSBORO RIVERPORT AUTHORITY and ADM/Growmark River System, Inc., Respondents.

Supreme Court of Kentucky.

As Modified on Denial of Rehearing December 19, 1991.

Attorney(s) appearing for the Case

Ronald M. Sullivan, Holbrook, Wible, Sullivan & Helmers, P.S.C., Owensboro, for movants.

Charles J. Kamuf, Rummage, Kamuf, Yewell, Pace & Condon, R. Scott Plain, Wilson, Wilson & Plain, Owensboro, for respondents.

STEPHENS, Chief Justice.

The sole question presented on this appeal is whether the Owensboro Riverport Authority (ORA) violated Section 164 of the Kentucky Constitution regarding the offer and acceptance of bids for a public franchise, by allowing those making bids to offer alternative proposals to the minimum bid specifications.

Specifically, the question is, do alternative bid proposals prevent fair competition by vitiating the possibility of an exact comparison...

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