Park Construction Co. v. City of Boston

Massachusetts Supreme Judicial Court

Park Construction Co. v. City of Boston

234 N.E.2d 754, 353 Mass. 720, 1968 Mass. LEXIS 724

CourtMassachusetts Supreme Judicial Court

DecidedMarch 1, 1968

StatusPublished

Cited by1 cases

This text of 234 N.E.2d 754 (Park Construction Co. v. City of Boston) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Park Construction Co. v. City of Boston, 234 N.E.2d 754, 353 Mass. 720, 1968 Mass. LEXIS 724 (Mass. 1968).

Pincite

Opinion

Wilkins, C.J.

This bill in equity seeks an order that the Real Property Board of the city award to the plaintiff, as the highest responsible bidder, a contract for the operation of the public parking facility at 30 Kilby Street. The suit was heard on a case stated. From a final decree dismissing the bill, the plaintiff appealed.

The defendant, acting through the board, invited proposals for a lease of the facility for a term of three years from June 1, 1967, through May 31, 1970. Four proposals were submitted. The board first accepted the highest bid of an annual rent of $175,101, but the bidder failed to enter into the proposed lease. The board then accepted the second highest bid of an annual rent of $148,675, but again the bidder failed to enter into the proposed lease. The higher of the two remaining bids was that of the plaintiff which offered an annual rent of $131,000. When accepting the second highest bid, the board voted that in case that bid [721]*721should not be accepted, the board would readvertise. This was done, and was in substance a rejection of the two remaining proposals. The board was of opinion that the plaintiff’s rental proposal was too low.

The source of the board’s authority is St. 1946, c. 474, § 3 (as amended through St. 1965, c. 203, §§ 3-5).¹ By this the board had “the right to reject all proposals” and was required to lease “to the highest responsible bidder.”

The plaintiff contends that as the statute does not authorize the rejection of “any and all” proposals,² the board had the right only to reject all proposals, and could not, after accepting the two highest, reject the remaining two. No case so holds. The contention is at variance with the board’s duty at all times to act in the public interest. See Larkin v. County Commrs. of Middlesex, 274 Mass. 437, 439; Archambault v. Mayor of Lowell, 278 Mass. 327, 333-334; Slocum v. Medford, 302 Mass. 251, 254.

The plaintiff refers to a provision in the lease that beyond the rent bid in the prqposal, there must be paid as “additional annual rent . . . that sum of money by which one-half of the Lessee’s annual gross income exceeds the annual rent.” This provision does not affect the result. The minimum annual rental is still an important factor. The “additional annual rent” affords an anchor to windward to save the public in case an improvidently low annual rental should be accepted by the board.

Decree affirmed.

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Wilkins, C.J.

This bill in equity seeks an order that the Real Property Board of the city award to the plaintiff, as the highest responsible bidder, a contract for the operation of the public parking facility at 30 Kilby Street. The suit was heard on a case stated. From a final decree dismissing the bill, the plaintiff appealed.

The defendant, acting through the board, invited proposals for a lease of the facility for a term of three years from June 1, 1967, through May 31, 1970. Four proposals were submitted. The board first accepted the highest bid of an annual rent of $175,101, but the bidder failed to enter into the proposed lease. The board then accepted the second highest bid of an annual rent of $148,675, but again the bidder failed to enter into the proposed lease. The higher of the two remaining bids was that of the plaintiff which offered an annual rent of $131,000. When accepting the second highest bid, the board voted that in case that bid [721]*721should not be accepted, the board would readvertise. This was done, and was in substance a rejection of the two remaining proposals. The board was of opinion that the plaintiff’s rental proposal was too low.

The source of the board’s authority is St. 1946, c. 474, § 3 (as amended through St. 1965, c. 203, §§ 3-5).¹ By this the board had “the right to reject all proposals” and was required to lease “to the highest responsible bidder.”

The plaintiff contends that as the statute does not authorize the rejection of “any and all” proposals,² the board had the right only to reject all proposals, and could not, after accepting the two highest, reject the remaining two. No case so holds. The contention is at variance with the board’s duty at all times to act in the public interest. See Larkin v. County Commrs. of Middlesex, 274 Mass. 437, 439; Archambault v. Mayor of Lowell, 278 Mass. 327, 333-334; Slocum v. Medford, 302 Mass. 251, 254.

The plaintiff refers to a provision in the lease that beyond the rent bid in the prqposal, there must be paid as “additional annual rent . . . that sum of money by which one-half of the Lessee’s annual gross income exceeds the annual rent.” This provision does not affect the result. The minimum annual rental is still an important factor. The “additional annual rent” affords an anchor to windward to save the public in case an improvidently low annual rental should be accepted by the board.

Decree affirmed.

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Bluebook (online)

234 N.E.2d 754, 353 Mass. 720, 1968 Mass. LEXIS 724, Counsel Stack Legal Research, https://law.counselstack.com/opinion/park-construction-co-v-city-of-boston-mass-1968.

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