Foster Wheeler Passaic, Inc. v. County of Passaic

Supreme Court of New Jersey

Foster Wheeler Passaic, Inc. v. County of Passaic

645 A.2d 134, 137 N.J. 303, 1994 N.J. LEXIS 712

Supreme Court of New Jersey·Decided June 10, 1994·Published

Opinion

ORDER

The Court having determined that the petitions for certification were improvidently granted;

[304] IT IS ORDERED that the within appeals be and hereby are dismissed.

Chief Justice WILENTZ and Justices CLIFFORD, HANDLER, POLLOCK, GARIBALDI, and STEIN join in this Order.

Justice O’HERN dissents from this order. He believes that the Court should retain jurisdiction and hold that it is only compliance with the McEnroe Act, N.J.S.A. 13:1E-136 to -168, that allows the avoidance of the public-bidding requirements of the Local Public Contracts Law, N.J.S.A. 40A:11-1 to -49. The provisions of neither having been met, the plaintiffs claim for recovery is not authorized by law.

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ORDER

The Court having determined that the petitions for certification were improvidently granted;

[304] IT IS ORDERED that the within appeals be and hereby are dismissed.

Chief Justice WILENTZ and Justices CLIFFORD, HANDLER, POLLOCK, GARIBALDI, and STEIN join in this Order.

Justice O’HERN dissents from this order. He believes that the Court should retain jurisdiction and hold that it is only compliance with the McEnroe Act, N.J.S.A. 13:1E-136 to -168, that allows the avoidance of the public-bidding requirements of the Local Public Contracts Law, N.J.S.A. 40A:11-1 to -49. The provisions of neither having been met, the plaintiffs claim for recovery is not authorized by law.

Foster Wheeler Passaic, Inc. v. County of Passaic, 645 A.2d 134, 137 N.J. 303, 1994 N.J. LEXIS 712 (N.J. 1994).

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645 A.2d 134 (Foster Wheeler Passaic, Inc. v. County of Passaic) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.