Alva Electric, Inc., et al. vs. Evansville Vanderburgh School Corporation - 11/20/12

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Tuesday  November 20, 2012 
1:30 PM  EST

1:30 p.m. 82A01-1201-PL-2. Alva Electric, Inc., Arc Construction Company, Inc., Danco Construction, Inc., Deig Brothers Lumber & Construction Co., Empire Contractors, Inc., Peyronnin Construction Company, Inc., Weddle Brothers Construction Company, Inc., and Wink Construction Inc. (collectively, “the Contractors”), on behalf of themselves and all similarly situated taxpayers within the district of the Evansville Vanderburgh School Corporation (“the school corporation”), appeal the Vanderburgh Circuit Court’s denial of their motion for summary judgment and grant of a cross-motion for summary judgment in favor of the school corporation and its related foundation, on the contractors’ claims under Indiana’s Public Lawsuit Statute (Ind. Code §§ 34-13-5-1 to -12) and Antitrust Act (Ind. Code § 24-1-2-3). The contractors challenge the propriety of the grant of summary judgment as the sole issue on appeal. Specifically, they argue that the trial court erred in concluding that the contested building renovation project was not subject to competitive bidding procedures.

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