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SAYER v. MINNESOTA DEPT. OF TRANSP.

Nos. A08-1584, A08-1994.

769 N.W.2d 305 (2009)

Scott SAYER, et al., Appellants, v. MINNESOTA DEPARTMENT OF TRANSPORTATION, Respondent, Flatiron-Manson, Respondent.

Court of Appeals of Minnesota.

July 28, 2009.

Attorney(s) appearing for the Case

Dean B. Thomson, Patrick J. Lee-O'Halloran, Jeffrey A. Wieland, Fabyanski, Westra, Hart & Thomson, P.A., Minneapolis, MN, for appellants.

Lori Swanson, Attorney General, Donald J. Mueting, Richard L. Varco, Jr., Assistant Attorneys General, St. Paul, MN, for respondent Minnesota Department of Transportation.

Thomas J. Vollbrecht, Faegre & Benson, LLP, Minneapolis, MN, for respondent Flatiron-Manson.

Considered and decided by SCHELLHAS, Presiding Judge; LARKIN, Judge; and MUEHLBERG, Judge.

OPINION

SCHELLHAS, Judge.

This appeal from summary judgment and denial of temporary injunctions arises from the commissioner of transportation's award of a construction contract. Appellants Scott Sayer and Wendell Anthony Phillippi argue that the contract was awarded illegally because the winning contractor submitted a nonresponsive proposal. We reject appellants' argument that the common-law definition of responsiveness applies to the design-build best...

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