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Pangia Construction Co. v. Township of Cinnaminson

Decided: October 20, 1947.

PANGIA CONSTRUCTION CO., A CORPORATION OF THE STATE OF NEW JERSEY, PROSECUTOR,
v.
TOWNSHIP OF CINNAMINSON ET AL., DEFENDANTS



On writ of certiorari.

For the prosecutor, Heine & Heine (Norman Heine).

For the defendant Township of Cinnaminson, Walter Carson.

For the defendant Joseph Lafferty, Samuel P. Orlando and Peter J. Devine, Jr.

Burling

BURLING, J. The writ of certiorari was allowed to review a resolution passed by the Township Committee of the Township of Cinnaminson on the 27th day of May, 1947, awarding a contract for the construction of the North Park Landing Road, Section 1 in the Township of Cinnaminson in the County of Burlington with a gravel, bituminous treated surface upon an earth foundation, to Joseph Lafferty, subject to the approval of the State Highway Commissioner.

Stipulation was entered into by the parties that, on the argument of the cause before the court upon the return to the writ, the depositions taken and exhibits introduced under the rule to show cause be used by all parties in addition to the depositions taken and exhibits introduced since the allowance of the writ.

The prosecutor filed reasons for setting aside said resolution as follows:

"1. The hour provided for the receipt of bids as contained in the advertisement was improper.

"2. All bidders were not required to meet the same requirements for bidding.

"3. The Township Committee of the Township of Cinnaminson waived some of the requirements for bidding as to some of the bidders but not as to all, including the prosecutor.

"4. The refusal of the Township Committee of the Township of Cinnaminson to accept the prosecutor's bid at the time it was tendered was an abuse of discretion and not an act of good faith and honesty.

"5. It was illegal for the Township Committee of the Township of Cinnaminson to refuse to accept the prosecutor's bid at the time it was tendered without a hearing.

"6. The said resolution adopted by the Township Committee of the Township of Cinnaminson is in divers other respects illegal, unjust and oppressive and should be set ...


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