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GARLING CONST., INC. v. CITY OF SHELLSBURG

No. 00-0371.

641 N.W.2d 522 (2002)

GARLING CONSTRUCTION, INC., Appellant, v. CITY OF SHELLSBURG, Iowa and Richard Grimm, as Mayor of the City of Shellsburg, Iowa; Carla Draker, as City Councilperson of the City of Shellsburg, Iowa; Carla Charlier, as City Councilperson of the City of Shellsburg, Iowa; Steven Ternus, as City Councilperson of the City of Shellsburg, Iowa; Daniel Roehr, as City Councilperson of the City of Shellsburg, Iowa; and Timothy Bird, as City Councilperson of the City of Shellsburg, Iowa, Appellees.

Supreme Court of Iowa.

Rehearing Denied April 8, 2002.

Attorney(s) appearing for the Case

Roger W. Stone of Simmons, Perrine, Albright & Ellwood, P.L.C., Cedar Rapids, for appellant.

Thad J. Collins and Terry J. Abernathy of Pickens, Barnes & Abernathy, Cedar Rapids, for appellees.

Thomas M. Cunningham, John A. Templer, and John R. Perkins of Pingel Templer, P.C., West Des Moines, for amicus curiae Master Builders of Iowa.

LARSON, Justice.

When the Shellsburg City Council voted to award a contract for a new municipal building to a locally owned business, DeKlotz Construction, Inc., rather than to the lowest bidder, Garling Construction, Inc., Garling filed this suit against the city. The district court denied the plaintiff's petition for certiorari and claim for damages, and we affirm.

I. Facts and Prior Proceedings.

Garling Construction, Inc.,...

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