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BRADBURY & STAMM CONST. v. COUNTY

No. 21,052.

35 P.3d 298 (2001)

131 N.M. 293

2001-NMCA-106

BRADBURY & STAMM CONSTRUCTION, a New Mexico corporation; Jaynes Corporation, a New Mexico corporation; Gerald Martin General Contractor, a New Mexico corporation; Brycon Corporation, a New Mexico corporation; Jack B. Henderson Construction Co., a New Mexico corporation, Petitioners-Appellees, v. BOARD OF COUNTY COMMISSIONERS OF BERNALILLO COUNTY, Respondent-Appellant, and Joe E. Woods, Inc., Intervenor.

Court of Appeals of New Mexico.

July 10, 2001.

Attorney(s) appearing for the Case

Mickey Beisman, Albuquerque, NM, for Appellees.

William J. Darling, Margaret P. Armijo, Leslie K. Coyne, William J. Darling & Associates, P.A., Albuquerque, NM, for Appellant.

OPINION

BOSSON, Chief Judge.

{1} Bernalillo County (the County) appeals the district court's decision that it must grant a preference to New Mexico contractors (the "resident preference") in selecting the low bidder for the County's new jail project. See NMSA 1978, § 13-4-2(E) (1997). The County argues that the New Mexico legislature granted the County sole discretion to determine when it is "practicable" to apply the resident preference...

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