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Applied Landscape Technologies, Inc. v. Borough of Florham Park

Superior Court of New Jersey, Appellate Division

June 3, 2013

APPLIED LANDSCAPE TECHNOLOGIES, INC. and BERNADETTE STONE, individually, Plaintiffs-Appellants,
v.
BOROUGH OF FLORHAM PARK, and ROCHELLE CONTRACTING COMPANY, INC., Defendants-Respondents.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued May 7, 2013

On appeal from the Superior Court of New Jersey, Law Division, Morris County, Docket No. L-0608-13.

Adrienne L. Isacoff argued the cause for appellants (Lowenstein Sandler LLP, attorneys; Ms. Isacoff, on the brief).

John P. Inglesino argued the cause for respondent Borough of Florham Park (Inglesino, Pearlman, Wyciskala & Taylor, LLC, attorneys; Mr. Inglesino, of counsel and on the brief; Grace Chun, on the brief).

Paul E. Griggs argued the cause for respondent Rochelle Contracting Company, Inc. (Lindabury, McCormick, Estabrook & Cooper, PC, attorneys; Mr. Griggs, on the brief).

Before Judges Messano, Lihotz and Ostrer.

PER CURIAM

Plaintiffs Applied Landscape Technologies, Inc. (Applied) and Bernadette Stone, a resident and taxpayer of the Borough of Florham Park (the Borough), appeal from the Law Division's order of March 21, 2013, that denied plaintiffs' request for permanent injunctive relief and dismissed their complaint with prejudice.[1]We granted plaintiffs' application for a stay pending appeal and entered an order expediting the appeal. We now affirm.

I.

Before reciting the essentially undisputed facts giving rise to the litigation, we briefly set forth the statutory framework that defines the legal issues before us.

N.J.S.A. 40A:11-16 (Section 16) is commonly referred to as the Anti-Bid Shopping Law. Clyde N. Lattimer & Son Constr. Co., Inc. v. Twp. of Monroe Utils. Auth., 370 N.J.Super. 130, 133 (App. Div. 2004). Section 16 provides in relevant part:

a. (1) In the preparation of plans and specifications for the construction, alteration or repair of any public building by any contracting unit, . . . the architect, engineer or other person preparing the plans and specifications may prepare separate plans and specifications for branches of work in the following categories:
(1) The plumbing and gas fitting and all kindred work;
(2) Steam power plants, steam and hot water heating and ventilating and refrigeration apparatus and all kindred work;
(3) Electrical work, including any electrical power plants, tele-data, fire alarm, or security system;
(4) Structural steel and ornamental iron work; and
(5) General construction, which shall include all other work required for the completion of the project.
(2) With regard to the branch work categories in paragraph (1) . . ., the contracting agent shall advertise for and receive . . . either (a) separate bids for each of said categories, or (b) single bids by general contractors for all the work, goods and services required to complete the public building to be included in a single overall contract, or (c) both. In the case of separate bids under (a) or (c) of this paragraph, contractors for categories (1) through (4) shall not be required to name subcontractors in their bid. In the case of a single bid under (b) or (c), there shall be set forth in the bid the name or names of all subcontractors to whom the general contractor will subcontract for categories (1) through (4). Subcontractors who ...

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