Lockport Union-Sun & Journal Online

Courts

May 29, 2013

Judge throws out ramp suit

Also criticizes city's handling of bids, case

Lockport Union-Sun & Journal — A state supreme court judge has thrown out a lawsuit filed against the city in which a Sanborn-based company sought to be named the lowest bidder for the municipal parking ramp demolition contract.

While the city appears to be victorious in the lawsuit filed by Scott Lawn Yard Inc. of Sanborn, the judge had harsh words for the city and its actions.

State Supreme Court Justice Richard S. Kloch Sr. threw out the case based on a technicality: Scott Lawn failed to name Empire Dismantlement Corp. — the lowest responsible bidder — among the defendants. That was a fatal flaw, Kloch wrote in a three-page ruling issued Tuesday.

Despite Kloch’s decision, city officials are playing a waiting game before moving ahead with the $1.17 million project.

City Attorney John Ottaviano said he was “cautiously optimistic” following Kloch’s decision.

“They have 30 days to file an appeal if they don’t agree with the decision,” Ottaviano said. “And they also might try and re-commence the action this time naming Empire Dismantling as a respondent.”

In his decision, Kloch noted that the city, common council and Mayor Michael Tucker were all named defendants. The decision by Scott Lawn and their attorney John Bartolomei not to include Empire would be a “derogation” to that company if he ruled in favor of Scott Lawn, Kloch said.

The judge cited a similar case in which a sporting goods store’s lawsuit against the City of Buffalo was thrown out by an appellate court because the alleged successful bidder wasn’t included in the lawsuit.

“I conclude that Empire Dismantlement Corp. is a necessary party, inasmuch as there is no question that the relief sought ... would inequitably affect its rights,” Kloch wrote.

Scott Lawn officials allege that a company representative arrived at City Hall around 1 p.m. April 5 to file their bid, but was misinformed by an employee in the city engineering department where to take it. The Scott Lawn employee ended up at the project engineer’s Buffalo office and was directed to go back to Lockport.

Text Only
Courts
Featured Ads
Photos


Twitter Updates
Follow us on twitter
Front page
AP Video
Rodents Rampant in Gardens Around Louvre House to Vote on Slimmed-down Bill for Border Looming Demand Could Undercut Flight Safety Raw: 2 Shells Hit Fuel Tank at Gaza Power Plant Raw: Massive Explosions From Airstrikes in Gaza Giant Ketchup Bottle Water Tower Up for Sale Easier Nuclear Construction Promises Fall Short Kerry: Humanitarian Cease-fire Efforts Continue Raw: Corruption Trial Begins for Former Va Gov. The Carbon Trap: US Exports Global Warming UN Security Council Calls for Gaza Cease-fire Traditional African Dishes Teach Healthy Eating 13 Struck by Lightning on Calif. Beach Baseball Hall of Famers Inducted Israel, Hamas Trade Fire Despite Truce in Gaza Italy's Nibali Set to Win First Tour De France Raw: Shipwrecked Concordia Completes Last Voyage Raw: Sea Turtle Hatchlings Emerge From Nest Raw: Massive Dust Storm Covers Phoenix 12-hour Cease-fire in Gaza Fighting Begins
Seasonal Content
Hyperlocal Search
Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide
AP Video
Rodents Rampant in Gardens Around Louvre House to Vote on Slimmed-down Bill for Border Looming Demand Could Undercut Flight Safety Raw: 2 Shells Hit Fuel Tank at Gaza Power Plant Raw: Massive Explosions From Airstrikes in Gaza Giant Ketchup Bottle Water Tower Up for Sale Easier Nuclear Construction Promises Fall Short Kerry: Humanitarian Cease-fire Efforts Continue Raw: Corruption Trial Begins for Former Va Gov. The Carbon Trap: US Exports Global Warming UN Security Council Calls for Gaza Cease-fire Traditional African Dishes Teach Healthy Eating 13 Struck by Lightning on Calif. Beach Baseball Hall of Famers Inducted Israel, Hamas Trade Fire Despite Truce in Gaza Italy's Nibali Set to Win First Tour De France Raw: Shipwrecked Concordia Completes Last Voyage Raw: Sea Turtle Hatchlings Emerge From Nest Raw: Massive Dust Storm Covers Phoenix 12-hour Cease-fire in Gaza Fighting Begins
Seasonal Content
Helium debate
Helium
Section Teases

Seasonal Content
Parade
Magazine

Click HERE to read all your Parade favorites including Hollywood Wire, Celebrity interviews and photo galleries, Food recipes and cooking tips, Games and lots more.