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KOESTER CONTRACTING, INC. v. BOARD OF COM'RS OF WARRICK CTY.

No. 87A01-9304-CV-124.

619 N.E.2d 587 (1993)

KOESTER CONTRACTING, Inc., Appellant-Plaintiff, v. BOARD OF COMMISSIONERS OF WARRICK COUNTY, Indiana and Metzger Construction, Inc., Appellees-Defendants.

Court of Appeals of Indiana, First District.

August 26, 1993.

Attorney(s) appearing for the Case

R. Thomas Bodkin, Bamberger, Foreman, Oswald & Hahn, Evansville, for appellant-plaintiff.

S. Anthony Long, Phillips and Long, Boonville, for appellee-defendant Bd. of Com'rs of Warrick County.

John D. Clouse, John P. Brinson, Evansville, for appellee-defendant Metzger Const., Inc.

Peter G. Tamulonis, Kightlinger & Gray, Indianapolis, for amicus curiae Indiana Constructors, Inc.

BAKER, Judge.

May a county board award a public works contract to a bidder other than the lowest responsive and responsible bidder? We hold the applicable statute does not allow such award. Petitioner-appellant Koester Contracting, Inc. appeals the denial of its request for injunctive relief to prevent the respondent-appellee Board of Commissioners of Warrick County (Board) from awarding a public works contract to Metzger Construction, Inc., also respondents-appellees...

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