DICKERSON CAROLINA, INC. v. HARRELSON

No. 9310SC296.

443 S.E.2d 127 (1994)

114 N.C. App. 693

DICKERSON CAROLINA, INC. v. Thomas J. HARRELSON, in his individual capacity and as Secretary of the North Carolina Department of Transportation and as Chairman of the North Carolina Board of Transportation, D.W. Bailey, in his individual capacity and as Chairman of the MBE Goal Compliance Committee of the North Carolina Department of Transportation, B.G. Jenkins, in his individual capacity and as a member of the MBE Goal Compliance Committee of the North Carolina Department of Transportation, Bob Brown, in his individual capacity and as a member of the MBE Goal Compliance Committee of the North Carolina Department of Transportation, William R. Brown, P.E., in his individual capacity and as a member of the MBE Goal Compliance Committee of the North Carolina Department of Transportation, William A. Perry, Jr., in his individual capacity and as a member of the MBE Goal Compliance Committee of the North Carolina Department of Transportation, J.O. Murphy, in his individual capacity and as a member of the MBE Goal Compliance Committee of the North Carolina Department of Transportation, Philip P. Godwin, in his individual capacity and as a member of the North Carolina Board of Transportation, Ken Newsom, in his individual capacity and as a member of the North Carolina Board of Transportation, Jefferson B. Strickland, in his individual capacity and as a member of the North Carolina Board of Transportation, Elwood Goodson, in his individual capacity and as a member of the North Carolina Board of Transportation, Jack A. Laughery, in his individual capacity and as a member of the North Carolina Board of Transportation, W. Cary Livesay, in his individual capacity and as a member of the North Carolina Board of Transportation, Albert McCauley, in his individual capacity and as a member of the North Carolina Board of Transportation, Charles Lowdermilk, in his individual capacity and as a member of the North Carolina Board of Transportation, F. Hudnall Christopher, in his individual capacity and as a member of the North Carolina Board of Transportation, Jim Nance, in his individual capacity and as a member of the North Carolina Board of Transportation, Ernest Barry, Jr., in his individual capacity and as a member of the North Carolina Board of Transportation, Richard Vaughn, in his individual capacity and as a member of the North Carolina Board of Transportation, John B. Beall, in his individual capacity and as a member of the North Carolina Board of Transportation, Dean Proctor, in his individual capacity and as a member of the North Carolina Board of Transportation, J.A. Dalpiaz, in his individual capacity and as a member of the North Carolina Board of Transportation, David Brown, in his individual capacity and as a member of the North Carolina Board of Transportation, C.W. Hardin, in his individual capacity and as a member of the North Carolina Board of Transportation, and Crowder Construction Company, Defendants.

Court of Appeals of North Carolina.

May 17, 1994.


Attorney(s) appearing for the Case

Smith Helms Mulliss & Moore by Douglas W. Ey, Jr., Paul K. Sun, Jr. and Matthew W. Sawchak, Charlotte, for plaintiff-appellant.

Atty. Gen. Michael F. Easley by Sr. Deputy Atty. Gen. Edwin M. Speas, Jr., Sr. Deputy Atty. Gen. Reginald L. Watkins, Sp. Deputy Atty. Gen. Grayson G. Kelley, and Sp. Deputy Atty. Gen. Tiare B. Smiley, Raleigh, for defendant-appellee.


WYNN, Judge.

In 1990 the North Carolina Department of Transportation (NCDOT) solicited bids for Project 6.671043, construction of a highway interchange, in Mecklenburg County. All bidders were subject to N.C.Gen.Stat. § 136-28.4, "State Policy Concerning Participation by Disadvantaged Businesses in Highway Contracts." Amended in July 1990, this statute set a 10% goal for contract participation by businesses owned or controlled by minorities (MB's) and a 5% goal...

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