A member is engaged in litigation regarding the question of whether state procurement laws apply to public private partnerships. In this case, the city owns the land being developed and has contributed a small (in a proportional sense) amount of money to the project, but the private company is funding the vast majority of the project / business and they will own/operate the business and lease the land from the city. The private company has started moving forward with construction and hired and a company that did not win a bid is suing the city, claiming the company needed to follow the state's procurement laws due to the city's involvement in the project. (The city had no involvement in the bid process). There is no case law on point in their state on this. The member would like to hear how have other jurisdictions have handled this and if you're aware of any case law from your state, please forward that along as well and I'll pass it along. Please send me your responses to akarras@imla.orgmailto:akarras@imla.org and I'll pass them along.
Thanks,
Amanda
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Amanda Karras (she/her)
Executive Director / General Counsel
International Municipal Lawyers Association
P: (202) 466-5424 x7116
D: (202) 742-1018
51 Monroe St. Suite 404 Rockville, MD, 20850
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